4 Akron Intell. Prop. J. 171 (2010)
The Criminal Liability of Artificial Intelligence Entities - From Science Fiction to Legal Social Control

handle is hein.journals/akrintel4 and id is 175 raw text is: THE CRIMINAL LIABILITY OF ARTIFICIAL
INTELLIGENCE ENTITIES-FROM SCIENCE FICTION
TO LEGAL SOCIAL CONTROL
Gabriel Hallevy*
I.  Introduction: The Legal Problem  ...................................... 171
II. What Is an Artificial Intelligence Entity? - Machina
Sapiens - A Thinking Machine or a Thinking
M achine  ............................................................................. 175
III. Three Models of the Criminal Liability of Artificial
Intelligence  Entities  ........................................................... 177
A. The Relevant General Requirements for the
Imposition of Criminal Liability ................................. 177
B. The Perpetration-via-Another Liability Model:
Artificial Intelligence Entities as Innocent Agents ..... 179
C. The Natural-Probable-Consequence Liability
Model: Foreseeable Offenses Committed by
Artificial Intelligence Entities ..................................... 181
D. The Direct Liability Model: Artificial Intelligence
Entities as Being Tantamount to Human Offenders... 186
E. Coordination of the Three Liability Models ............... 193
IV. General Punishment Adjustment Considerations .............. 194
V .  C onclusion  ......................................................................... 199
I. INTRODUCTION: THE LEGAL PROBLEM
Can thinking machines be subject to criminal law? In 1981, a 37-
year-old Japanese employee of a motorcycle factory was killed by an

* Associate Professor, Faculty of Law, Ono Academic College. For fruitful comments, discussions,
and the staunch support, I thank Professor Dudi Schwartz, Dean of the Faculty of Law and Vice
Chairman. I thank Scott Gamick for the excellent review of the article. For an excellent editing, I
thank the editorial board members of this volume.

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