The issue at hand is whether the individual intended to harm the business. Malicious intent matters a great deal in law. It's why there are different degrees of

The issue at hand is whether the individual intended to harm the business. Malicious intent matters a great deal in law. It's why there are different degrees of murder/manslaughter. To take your example to the extreme. It's OK to want to murder someone, but if you go out of your way to actually do it, you'll be booked for 1st degree. If instead, you run a stop sign and someone gets killed, the penalty will be much less.