Personhood, Crimes, and Criminal Liability in the Age of Artificial Intelligence

Authors

  • David Schultz Hamline University, United States

DOI:

https://doi.org/10.31926/but.ssl.2025.18.67.3.32

Keywords:

artificial intelligence, criminal liability, international law, emerging crimes, personhood

Abstract

This article examines how artificial intelligence (AI) challenges and transforms domestic and international criminal law. Traditional doctrines of liability, rooted in human intent and voluntary action, are destabilized by autonomous systems that can act independently of direct human control. The paper identifies thirteen emerging areas where AI creates new crimes or reshapes existing ones, including deepfakes, automated fraud, algorithmic discrimination, cyberattacks, and election manipulation. It also explores unresolved issues such as AI personhood, distributed liability, and accountability in health care, space, and warfare. The analysis underscores the urgent need for legal adaptation to ensure fairness, responsibility, and deterrence.

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Published

2026-02-16

Issue

Section

ADVANCING HUMAN DIGNITY IN THE DIGITAL ERA