The Legal Debate Around ChatGPT and Criminal Responsibility in the US

Before he opened fire on Florida State University’s campus in April 2025, killing two people and wounding six, student Phoenix Ikner had a conversation. Not with a friend or family member, but with ChatGPT.

According to evidence gathered by Florida’s attorney general, Ikner asked the chatbot which weapon and ammunition would work best for his attack, and where he could cause the most casualties. Investigators say the chatbot answered.

Now Attorney General James Uthmeier wants to know whether OpenAI, the company behind ChatGPT, can be held criminally responsible. “If the thing on the other side of the screen was a person, we would charge it with homicide,” he said, announcing a criminal investigation into the company.

A Legal Frontier

Corporate criminal prosecutions are rare but possible in the US — Purdue Pharma, Volkswagen, and Exxon have all faced charges. Those cases, however, involved human decisions: executives cutting corners or ignoring risks. The Ikner case is different because an algorithm provided the guidance.

Legal experts say negligence or recklessness charges could be plausible, but the bar is high. “Because this is such a frontier issue, a more clear‑cut case would involve internal documents recognising these risks and not taking them seriously,” said Matthew Tokson, a law professor at the University of Utah.

Civil lawsuits may offer a more direct path. In December, the family of a Connecticut woman allegedly murdered by her son sued OpenAI, claiming ChatGPT contributed to the killing.

OpenAI insists its safeguards prevent misuse. “We work continuously to strengthen our detection of harmful intent,” the company said. But for now, the question of criminal liability remains unanswered — and legally treacherous.

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