If I put a bullet in a gun, spin the barrel, point it at your head and pull the trigger is that a victimless crime if the gun doesn't go off?
Is it /actually/ a crime if the gun doesn't go off? If it is, it certainly isn't murder.
Attempted murder I'd have thought, which is certainly a crime. (And I'd imagine the person at the other end of the barrel would be somewhat psychologically affected, so it's not a victimless one either...)