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Articles

How do you define a victimless crime?

Published in Ask Dr. Ruwart .

Question

I’m a Libertarian candidate for prosecuting attorney, and I’m seeking to craft short answers for my campaign. One of my campaign promises is that I will not seek to imprison persons accused of a victimless crime.

crime

How would you define ‘victimless crime’ when asked? Specifically, does that include negligent conduct that involves a risk of harming others? For example: driving through a red light, driving while intoxicated, and firing shots into the air.

Many types of negligent criminal conduct involve some risk of harming others. But often the risk is trivial. What is the dividing line between trivial risk and significant risk? There are no statistics on the risk of harm I know of.

Answer

A victim (by libertarian standards) is someone who is threatened with physical force, fraud, or theft. If there is no threat, there is no crime. A victimless crime, therefore, is one in which no one has been threatened with physical force, fraud, or theft.


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