"attempting to hurt someone should be punished regardless as to whether they were successful in causing harm." ~@telos, Who do you think has the authority to do the "punishing" that you speak of?
BTW:
When one breathes out, they breathe out CO2. If they believe that CO2 causes harm to the planet("Global Climate Change"), then they would be "attempting to hurt" all people by breathing. Thus, this action acording to you "should be punished regardless as to whether they were successful in causing harm."