Attorney General James Uthmeier Launches Criminal Investigation into OpenAI, ChatGPT

Courtesy of the Office of the Attorney General

TALLAHASSEE, Fla.-Attorney General James Uthmeier announced the Office of Statewide Prosecution launched a criminal investigation into OpenAI and its artificial intelligence app, ChatGPT. The decision to launch the investigation comes after an initial review by prosecutors of the chat logs between ChatGPT and the gunman who opened fire at Florida State University last year, Phoenix Ikner.

"Florida is leading the way in cracking down on AI's use in criminal behavior, and if ChatGPT were a person, it would be facing charges for murder," said Attorney General James Uthmeier. "This criminal investigation will determine whether OpenAI bears criminal responsibility for ChatGPT's actions in the shooting at Florida State University last year."

"It is important that all are aware of the risks of this new technology, and the harms it can and has already caused in our communities," said Florida Department of Law Enforcement Commissioner Mark Glass. "The more we can educate ourselves, the better we can protect ourselves, our loved ones, and our communities from scams, fraud, and much worse."

Florida law states that anyone who aids, abets, or counsels someone in the commission of a crime, and that crime is committed or attempted, may be considered a principal to the crime. The "aider and abettor" is just as responsible for the crime as the perpetrator.

The Office of Statewide Prosecution subpoenaed OpenAI for the following information:

Beginning March 1, 2024, through April 17, 2026:
• All policies and internal training materials regarding user threats of harm to others.
• All policies and internal training materials regarding user threats of harm to self.
• All policies and internal training materials regarding cooperation with law enforcement, including policies for the reporting of possible past, present, or future crime.
• If multiple policies were in place during this time period and changed, all policies and dates of change.

For the dates of March 1, 2024, October 1, 2024, and April 17, 2025:
• Organizational Chart listing executives, directors, department heads, and/or senior managers of OpenAI.
• A listing of all employees, including affiliated departments and titles or role description(s), within ChatGPT.

Relating to the FSU Shooting on April 17, 2025:
• Any and all media publicly released.
• Any and all publicly released statements, including but not limited to, press releases and media interviews.

Florida has already taken significant action on combating crimes related to the use of AI. This action includes a 135-year prison sentence for a predator who possessed child sexual abuse materials (CSAM), some of which were AI-generated; another child predator is currently facing 100 criminal charges including 46 counts of AI-generated CSAM.

In March 2026, Attorney General Uthmeier joined Governor DeSantis for the signing of HB 1159, which increased the penalty for AI-generated CSAM to a second-degree felony.

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