As technology moves faster, companies like Tesla and Google are making amazing smart machines. They can do things that used to look like science fiction. But these smart machines also bring up hard legal questions.

One of the most interesting questions is: What happens if you tell a robot to commit a crime, and the robot actually does it?

Imagine you own a highly advanced robot. You intentionally tell it to walk into a local store and steal something. Can the robot be arrested? Or will you be the one in handcuffs?

Let’s look at how the law handles these new high-tech situations.

The Machine as an “Innocent Agent”

In criminal law, there is a simple rule. To commit a crime, you need a human body and a human mind. Because of this, robots cannot be treated as criminal defendants.

Why Robots Cannot Be Arrested

A robot is a machine made of metal, plastic, and code. It is not a human being. The law does not give robots “personhood.” Since a robot is not a person, it cannot be arrested, put on trial, or sent to prison.

If a robot takes a piece of jewelry from a store, police cannot handcuff the machine and lock it in a cell. The machine is completely innocent in the eyes of the law.

How Intent and Control Stay with Humans

Even though the robot cannot be arrested, the person who gave the orders is not off the hook. Prosecutors will look at who was pulling the strings.

In Pennsylvania, the law uses a concept called the “innocent agent” rule. This rule applies when a person uses a tool that does not understand right from wrong to commit a crime.

For example, if you tell a young child or a trained dog to steal a purse, the child or dog is not blamed. You are blamed because you used them as a tool.

The exact same rule applies to a robot. If you intentionally use a robot to steal, you are the person who had the “criminal intent.” You exercised “control” over the machine. Even if your hands never touched the stolen goods, you can still face the criminal charges.

What Happens When AI Does Something Unexpected?

The legal questions get much harder when artificial intelligence acts on its own. AI programs are learning to make decisions without human input.

The Challenge of Autonomous Machines

What happens if you give a robot a normal instruction, but the robot interprets it in a way that breaks the law?

For example, imagine you tell a smart lawnmower to “clear everything off the lawn.” Instead of just cutting grass, the machine moves onto your neighbor’s property and destroys their expensive garden.

Who has the criminal intent in this situation?

• You did not mean to destroy your neighbor’s garden.
• The machine does not have a human mind, so it cannot have a guilty intent either.

In these cases, courts have to look at whether you were reckless or extremely careless. If you knew the machine had a high risk of making a dangerous mistake, but you let it run anyway, you could still be held responsible.

Could You Get a DUI While Directing a Robot?

Another interesting scenario is driving under the influence. Pennsylvania’s DUI law applies when you drive, operate, or have “actual physical control” of a moving vehicle.

If you are drunk and tell a small household robot to sweep the floor, that is not a DUI. But what if you are riding on a large, mobile robot on a public street while intoxicated?

As smart machines get bigger and start carrying people and cargo, the lines between a robot and a vehicle will blur. Lawmakers and judges will eventually have to decide where the legal boundaries are.

How Modern Law Handles Creative Loophole Attempts

Using advanced technology is not a magical shield from criminal charges. The primary issue in any case will always come down to human control and human intent.

If a person intentionally uses a machine to break the law, prosecutors will look past the computer screen. They will focus directly on the actions of the human being who programmed, directed, or controlled the device.

Telling a robot to do your dirty work will not protect you from the law.

FAQs: If a Robot Breaks the Law, Who Goes to Jail?

Can a robot be put on trial in Pennsylvania?

No. Under Pennsylvania law, only human beings can be arrested, prosecuted, and put on trial. A robot is legally treated as a piece of property, not a person.

Am I responsible if my smart device does something illegal by accident?

If your smart device causes harm due to a pure technical glitch that you could not predict, you generally will not face criminal charges because you lacked “criminal intent.” However, you could still face civil lawsuits for the damage caused.

What if a programmer designs a robot specifically to break the law?

If a programmer writes code that tells a machine to commit a crime (like hacking a computer or damaging a building), the programmer is held criminally responsible. The robot is treated as an “innocent agent” used by the programmer.

Can you get a DUI for operating a robot while drunk?

Currently, standard DUIs apply to traditional vehicles. However, if you are operating a large robotic device that carries you or others on public roads while intoxicated, you could face reckless endangerment or DUI charges as these machines become more like cars.

Why do I need a lawyer if technology is involved in my case?

High-tech cases are extremely complex. Prosecutors may not understand how your device worked or how it made its decisions. A skilled criminal defense lawyer can bring in tech experts to show the court that a machine’s actions were the result of a glitch, not your criminal intent.

This article is for educational and hypothetical discussion only and does not constitute legal advice. Tesla and Google are referenced solely for purposes of discussing developments in technology and artificial intelligence. Neither company is affiliated with or has endorsed Attorney Michael Kotik or this article.