Can AI Be Charged With a Crime? The ChatGPT Investigation Explained + Why AI Scams Are Surging

Can AI be held responsible for a crime?

In this episode, Jenna breaks down a surprising move by Florida Attorney General James Uthmeier, who announced a criminal investigation into OpenAI and ChatGPT following a tragic shooting at Florida State University.

At the center of the case: a new legal theory — if an AI chatbot “aids, abets, or counsels” a crime, could a company be held criminally liable?

Jenna explains how this idea challenges long-standing internet protections under Section 230, and why more state-level cases are testing the limits of tech accountability.

You’ll also hear:

OpenAI’s response and what the company says it did
Why this case could reshape how we view AI: tool vs. participant
Key takeaways from a Capitol Hill hearing on AI-driven scams, fraud, and cybercrime
How criminals are already using AI for phishing, deepfakes, ransomware, and more
The growing debate: innovation vs. public safety

Plus: Jenna walks through the three biggest questions this story raises — and why they matter right now.

00:00 Cold Open Chat
00:09 Florida AG Investigation
01:50 Section 230 Explained
03:00 Aiding And Abetting Theory
04:47 OpenAI Response And Other Cases
06:08 Is AI Search Or Partner
07:11 Capitol Hill AI Crime Hearing
11:45 Three Big Questions
13:40 Guardrails And Alcohol Analogy
15:13 Closing Thoughts Rita Peters