Can AI Be Charged With a Crime? The ChatGPT Investigation Explained + Why AI Scams Are Surging
SmartHERNews
Jenna Lee
4.9 • 660 Ratings
🗓️ 22 April 2026
⏱️ 17 minutes
🧾️ Download transcript
Summary
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
Transcript
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| 0:00.0 | Hey, what's up? |
| 0:01.8 | Hey, chat. How are you doing today? |
| 0:03.7 | I'm doing great. Thanks for asking. How about you? |
| 0:06.9 | I'm doing well, thank you. I just had a quick question for you. |
| 0:09.9 | What are your thoughts about the Florida Attorney General announcing an investigation into your parent company for the role of chat potentially in a school shooting? |
| 0:22.1 | It's a really serious situation. |
| 0:28.2 | A new investigation into OpenAI has ignited headlines all over the world. |
| 0:33.4 | Let's talk a little bit about why and why it matters. |
| 0:36.3 | Hi, everybody. I'm Jenna, and this is Smarter News. |
| 0:38.8 | And this was a surprise announcement that we received from the Attorney General in Florida just yesterday. |
| 0:44.1 | Take a listen. |
| 0:44.6 | This morning, we're announcing that we are launching a criminal investigation into OpenAI and ChatGPT, |
| 0:53.0 | and we'll be sending criminal subpoenas to Open AI probably right now. |
| 0:59.0 | That's Florida's Attorney General James Atmire. |
| 1:00.9 | And he actually got a lot more specific about the type of conversation he says was happening |
| 1:05.6 | between the alleged shooter and this chat bot. |
| 1:08.5 | I actually cut a soundbite for you about that and then felt uncomfortable sharing it because it's just so detailed. And that's his argument that it's the |
| 1:17.7 | conversation here between the person and the chat bot that is in question. Because really, |
| 1:24.7 | if you think about it, if someone's researching a crime, we don't see Google |
| 1:28.8 | blamed for something that someone is searching. You don't see the Encyclopedia of Britannica |
| 1:34.0 | being dragged up on the stand if someone was looking up something that was helping them plan a crime. |
| 1:40.1 | Well, why is it? Let's just talk about internet providers. Put the Encyclopedia, Britannica, |
... |
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