Culpability of AI is a Major Issue

When the first AI system commits a serious crime, who is to blame? I don't think we really have a grapple on that as a society right now. The crime may not be requested: a student who tells his AI that he just has to have the set of answers for tomorrow's test might induce a strong misaligned AI to simply hack the computer systems of the teacher to get them. This is a crime, and it is something that could plausibly happen right now. Who is to blame here though? Is it OpenAI/Anthropic? Or is it the kid? Or do we just decide to not treat this kind of thing as a crime? (that'd go badly!) Or just penalize less? These are all things we probably ought to give some serious thought to.