Remote Harms and Non-constitutive Crimes

[...] it is uncontroversial that, even among crimes addressing harm to others, some offenses are legitimately enacted notwithstanding that their defining elements do not require a harm.1 Indeed, in differing forms such crimes pervade our criminal law. Besides murder, human life is also protected by attempted murder, dangerous driving, unlawful gun possession,2 and a multiplicity of health-and-safety regulations.