Florida Attorney General James Uthmeier has opened a criminal investigation into OpenAI and its chatbot ChatGPT, after reviewing messages tied to last year's deadly shooting at Florida State University.
The Office of Statewide Prosecution launched the inquiry after examining chat logs between ChatGPT and Phoenix Ikner, the 20-year-old student accused of killing two people and injuring six others near the campus student union in April 2025.
"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," Uthmeier said in a statement released by his office.
"This criminal investigation will determine whether OpenAI bears criminal responsibility for ChatGPT's actions in the shooting at Florida State University last year," he added.
According to The New York Times, prosecutors reviewed exchanges in which Ikner asked the chatbot about a gun's power at close range, ammunition options, and how people might react to a shooting at Florida State, including when the student union would be busiest.
Uthmeier said those messages suggested the chatbot "offered significant advice to the shooter before he committed such heinous crimes," and said prosecutors would evaluate whether existing law could apply to the company or individuals involved in the system's operation.
Florida law allows a person who aids, abets, or counsels a crime to be treated as a principal if the crime is carried out or attempted, a standard prosecutors will weigh as part of the case.
The state has issued a subpoena to OpenAI seeking internal policies and training materials related to threats of harm, along with records detailing how the company cooperates with law enforcement.
Investigators also requested organizational records and public statements tied to the April 2025 shooting as part of the review.
Uthmeier said the criminal case will proceed alongside a separate civil investigation into the company's potential liability, which his office opened earlier this month.
OpenAI said in a prior statement it would cooperate with the attorney general's office and said it continues working to ensure ChatGPT responds to users in a safe and appropriate way.
Florida Department of Law Enforcement Commissioner Mark Glass said the case underscores risks tied to rapidly developing technology.
"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," Glass said.
Florida has pursued prosecutions tied to artificial intelligence in other cases, including a recent sentence involving AI-generated child sexual abuse materials. Lawmakers this year increased penalties for those offenses.
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