I would like to know your definition of a victimless crime.
A guy driving intoxicated or a teenage driving under the influence of prescription pills? If no one is hurt is this a victimless crime? Should a LEO or privatized "protection" just let this person drive on and wait for an accident?
Unlike some on here, I think it's fine to have a DUI charge, even with no victim, as long as they were pulled over because their driving was erratic. If a person is swerving/driving recklessly, they are clearly endangering the public and should be pulled over. While there is no current victim, I'm okay with preventing one, again, as long as the person is a clear and present danger to those around him/her.
Now, DUI traffic stops are a different story. I think that's a fishing expedition where someone who had three or four beers can have his or her life potentially turned upside down, even if he or she is perfectly capable of driving and were driving fine.
I think it's not only possible but should be simple for any reasonable individual to make a distinction between these two cases(a drunk guy driving recklessly, clearly endangering others, gets pulled over legitimately vs. someone who is barely above the legal limit but was driving perfectly fine and just got caught in a police trap).
We can examine a couple more examples of what I think distinctly separates a victimless crime from the literal definition versus the spirit of the term.
Jim Bob brandishes his loaded firearm on main street and starts taking potshots at pigeons, shouting about how the birds are coming for his Twinkies. In the literal interpretation, Jim Bob is isn't harming anyone or damaging any property as long as his aim is true. It's a victimless crime. However, Jim Bob's behavior is very clearly endangering the public. I don't think he's committing a victimless crime in the spirit of the term because of the immediate potential threat he is to others.
Contrast that with these examples:
Peggy Sue is driving completely sober with a stash of narcotics in her trunk. She gets pulled over because of a broken taillight and her life is ruined when they find the drugs in her car.
Billy Ray and his buddies play a game of cards every friday night in the back room of his bar. No one is forced to play, and everyone consents to their own money being at stake. Billy Ray's business gets shut down because the cops heard they were gambling.
Two consenting adults agree to monetary payment for sex. Bobby Joe does not abuse his date, they simply have sex and he pays the agreed amount. But as he drives away, he is pulled over and busted by the cops, making him a criminal and possibly affecting his life forever concerning job opportunities, etc.
Personally, I don't think these distinctions are difficult to make. Jim Bob the pigeon shooter and the reckless drunk driver had not victimized anyone yet, but they were clear and immediate dangers to those around them. Peggy Sue the party girl, Billy Ray the poker player, and lonely ol' Bobby Joe were never a threat to victimize anyone more than you or me sitting here at our computers, yet they are criminals. :hi: