Victimless is not victimless. I propose the criterion of counterfactual victimhood - whether given the behavior of the subject, there exists an alternate universe in which there was a victim of a crime. For instance, consider an attempted murder that failed before the murderer even got near the target. In that case, the victim is counterfactual. However, there are true victimless crimes even under this definition; crimes that never would have had a victim. Speeding for instance doesn't pass this test, but "smoked a joint at home" does. This seems to make it a good fit for my moral beliefs.