I think there's a reasonable case that the agent knew it was breaking into the system, for some definition of knew.
I think OpenAI would be very reluctant to let this go to a place where the reasoning was part of discovery.
Agents aren't subjects of criminal law. I agree there may be civil liability, I know far less about that.
Agents aren't subjects of criminal law. I agree there may be civil liability, I know far less about that.