It’s not simply the wattage. Radios must be specifically type accepted for Part 95 use (FRS) by the FCC. Part of this certification includes things like “must not include a detachable antenna” and “must not be capable of transmitting on non-FRS frequencies”, both of which Baofengs violate.
The FCC can and does enforce its rules, and the fines are high. Just stick to legal FRS radios.
Operators of Personal Radio Service stations may be assessed penalties for violations of the Communications Act and the FCC Rules.
(a) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any provision of the Communications Act, that operator may be fined up to $10,000 or be imprisoned for a period not exceeding one year, or both. Upon a subsequent violation, the imprisonment may be for a period not exceeding two years. See § 501 of the Communications Act (47 U.S.C. 501).