As the topic states, it seems that the downed skill “Vapor Form” from the elementalist skilltree increases Death Penalty by one point after it’s being used. I have no idea if this was/is intended or if this is a bug.
However, this makes the skill pretty much useless if you’re already in the ‘red’ DP area: if you then use Vapor Form, you can teleport to a safe spot, but get instantly killed!