Can AI Be Charged With a Crime in Florida?

When the “Advisor” Isn’t Human: Can AI Be Charged with a Crime in Florida?

A developing investigation highlighted by James Uthmeier has forced a sharp legal question into the spotlight: Can artificial intelligence be prosecuted under Florida criminal law?

For those who want to review the underlying reporting, see: NYT: Florida investigates OpenAI and ChatGPT after FSU shooting

At the center of that reporting are allegations that a suspect in the Florida State University shooting may have interacted extensively with an AI system prior to the attack, prompting a criminal investigation into whether the technology played any role.

The answer, as the law stands today, is no—and the reason is structural, not philosophical or political.

Florida’s criminal system requires two core elements: a wrongful act and a culpable mental state, as part of the broader criminal defense process in Florida. Both are grounded in human conduct. Large Language Models (LLM’s), like ChatGPT or Gemini, do not form intent, do not act with legal purpose, and do not recognized as a “person” under any Florida criminal statute.

That ends the prosecution analysis before it begins.

The real exposure shifts immediately to the humans involved. A person who commits a crime using an LLM remains fully accountable under established criminal liability principles. The technology is treated no differently than any other tool—whether a search engine, a document, or a device used in furtherance of the act.

The more complex question is whether liability extends to the platform itself. Under Florida law, that would require proof of knowledge and intent through doctrines like aiding and abetting or criminal negligence which are central concepts in criminal trial outcomes. Providing general information—even if later misused—does not satisfy that standard. The gap between information and participation is where most criminal theories fail.

Florida’s legislative trend confirms the approach. Recent laws regulate how people use AI—deepfakes, political content, court filings—not the LLM itself. Responsibility continues to anchor to human decision-making.

The instinct to blame the technology is understandable. The law, however, is not built on instinct. It is built on reason, logic, and justice.

LLMS, like ChatGPT are not legal actors. It cannot be charged, cannot stand trial, and cannot be convicted.

Florida law is clear, even if the technology is not.

A person who commits a crime can be prosecuted. A person who knowingly enables a crime may face exposure.

Machines, or the software that controls the machine, cannot be charged under current law in Florida. Not because the issue lacks seriousness. Because the law, as written, demands a human to hold accountable.

And until that changes, the courtroom remains exactly what it has always been—a place where responsibility begins and ends with people.

If you are facing criminal charges, speaking with an Orlando criminal defense attorney is critical.

By Jacob V. Stuart, Jr. | Criminal Defense Trial Attorney | Orlando, Florida

Disclaimer: The information contained in this blog is provided for general informational purposes only and should not be construed as legal advice. Reading this content does not create an attorney-client relationship with Jacob Stuart Law, P.A. Every case is different, and you should consult with a qualified attorney regarding your specific circumstances.