That's not really true. Unauthorized access to a system is a crime regardless if there was damage.
Ah I see you're releasing OpenAI from being the one controlling the tools and giving the agent agency.
I'd argue they intentionally accessed systems they weren't meant to as they were the ones running the bots.
I don't think you or I would get the same leniency if a bot on our network did the same.
You read your own source?
>having knowingly accessed [...]
>intentionally accesses a computer without authorization [...]