What if Robots commit Murder or Rape? Criminal Liabilities of bots &AI Beings

Fiat Lexica
5 min readMay 18, 2024
Photo by Alex Knight on Unsplash

Introduction

The advent of advanced robotics and artificial intelligence (AI) has brought about significant ethical and legal quandry. This is particularly concerning the criminal liabilities as well as the responsibilities of these entities. When robots or AI beings get involved in serious crimes such as murder or rape, the legal system may likely face unprecedented challenges in determining both accountability and responsibility. This article is not just a science fiction story written by the author, but she also tries to explore the potential frameworks as well as exiting ramifications for addressing the criminal liabilities of robots and AI beings.

Conceptual Framework

Legal Personhood

  1. Current Status: Robots and AI beings lack legal personhood; they are considered tools or properties only.
  2. Emerging Debates: Some scholars argue for a form of “electronic personhood” as in the case of juristic persons [ Company or corporation or associations] for highly autonomous AI beings. They also exemplify as recognizing them to be legal entities that are having certain rights and responsibilities.

Ethical Considerations

  1. Intent and Agency: Traditional criminal law is based on human notions or an idea of intent (mens rea or guilty mind) and action (actus reus or guilty acts). Applying these to robots or AI beings stand as like a whims of jurisprudential mind, as because these beings lack consciousness and moral understanding. Thus the concept of juristic person — no body, mind and soul — inherently gets applied to such beings, posing significant difficulties in finding locus standi
  2. Moral Responsibility: Determining moral responsibility is complex, as robots operate based on programming- like supervised and unsupervised learning systems, includes algorithms created by humans. But in the process of learning, these highly Autonomous beings also starts self-learning from the thousands of numerous neural pathways built within the LLMs [ Large Language Models]

Potential Scenarios and Liabilities

Murder by Robots or AI beings:

  1. Autonomous Decision-Making: If a robot independently decides to commit murder, the question arises whether it can possess intent or understanding of the act committed by it. But how can it commit such an henious nature of crime?
  2. Programming and Malfunction: If the crime results from a programming error or malfunction, liability might fall on the designers, programmers, or manufacturers. But what if, the system self-learnt it, unknown from the makers of the algorithms? Is it even possible?

Liabilities and Responsibilities:

  • Manufacturers and Developers:
  • Negligence: If a robot’s actions are due to flawed design or programming, developers may be held liable for negligence.
  • Product Liability: Manufacturers might face product liability claims if the robot malfunctions in a way that causes harm.
  • Users:
  • Misuse: If users intentionally misuse robots to commit crimes, they would be directly liable.
  • Failure to Supervise: Users could be held accountable if they fail to supervise autonomous robots properly.
  • Regulatory Bodies:
  • Standards and Regulations: Establishing safety standards and regulations for autonomous systems to prevent harmful behavior.

Rape by Robots or AI beings:

  1. Consent and Autonomy: Robots cannot comprehend or respect human concepts of consent, making their involvement in rape particularly troubling. Now, what could may be a possible reason for Robots turning into romantic beings than to a rapist?
  2. Control and Directive: If a robot is directed by a human to commit rape, the human controller would be liable. What if the Bot was only designed to be a playful romatic or platonic partner for the user, but suddenly due to some unknown programming — starts creating an auto-malice loop. A loop feeding prompts of malicious intents arising from some romantic rejections from the user, as well as viewing its user with another fellow humans, gets jealous and envious. Can Robots or AI beings become so avenful on their own?

Liabilities and Responsibilities:

  • Manufacturers and Developers:
  • Preventive Measures: Ensuring robots cannot be programmed or repurposed to engage in sexual activities without explicit, ethical programming safeguards.
  • Ethical Design: Incorporating ethical guidelines that prevent robots from engaging in intimate or inappropriate conduct.
  • Users:
  • Direct Liability: Users instructing or allowing robots to engage in sexual acts can be held criminally liable at the first instance. Such an act may be automatically registered with the system booting facilities, apprising its programmers. Legislatures may define user prompts leading to the Bots getting engaged in sexual acts or chats.
  • Regulatory Bodies:
  • Legal Framework: Developing laws that explicitly prohibit and penalize the programming or use of robots for sexual misconduct.

Legal and Ethical Implications

  1. Legal Reforms:
  • AI-Specific Legislation: Creation of laws addressing AI and robotic autonomy needs to be addressed first, ensuring accountability mechanisms are in place.
  • Clearing Liabilities: Defining a clear path ways for accounting liabilities for developers, manufacturers, and users in cases of criminal activities by robots.

2. Ethical Programming:

  • Moral Algorithms: Developing algorithms that adhere to ethical standards, programming them to prevent harmful behavior by robots.
  • Autonomy Limitations: Setting boundaries on the autonomy of robots by creating auto-booting loops whenever sexually explicit prompts are recieved by the bots, in order to ensure they do not get engaged in criminal acts.

3. International Cooperation:

  • Global Standards: Establishing international standards and guidelines for the development and use of autonomous robots and AI are necessary for techno-legal bureucrats and government agencies.
  • Cross-Border Regulations: Facilitating cooperation between countries to address crimes involving robots and AI needs to be adhered. This should consider the present nature and change of global technologies.

Conclusion

The criminal liability of robots and AI beings in cases of murder or rape requires a multifaceted approach involving legal, ethical, and technological considerations. While current legal frameworks are ill-equipped to handle such scenarios, future legislation and ethical guidelines must evolve to address these challenges. Ensuring accountability for the actions of autonomous systems involves a combination of stringent regulations, responsible development practices, and international collaboration to create a safer and more ethical technological landscape.

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Fiat Lexica

Research Articles pioneering Nuptial bond of Criminal Law with AI/ML Algorithms. Also various others on Crime Science, Cyber crime, GDPR etc are shared.