(g) (1) “Critical harm” means any of the following harms caused or materially enabled by a covered model or covered model derivative:
(A) The creation or use of a chemical, biological, radiological, or nuclear weapon in a manner that results in mass casualties.
(B) Mass casualties or at least five hundred million dollars ($500,000,000) of damage resulting from cyberattacks on critical infrastructure by a model conducting, or providing precise instructions for conducting, a cyberattack or series of cyberattacks on critical infrastructure.
(C) Mass casualties or at least five hundred million dollars ($500,000,000) of damage resulting from an artificial intelligence model engaging in conduct that does both of the following:
(i) Acts with limited human oversight, intervention, or supervision.
(ii) Results in death, great bodily injury, property damage, or property loss, and would, if committed by a human, constitute a crime specified in the Penal Code that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of such a crime.
(D) Other grave harms to public safety and security that are of comparable severity to the harms described in subparagraphs (A) to (C), inclusive.
(2) “Critical harm” does not include any of the following:
(A) Harms caused or materially enabled by information that a covered model or covered model derivative outputs if the information is otherwise reasonably publicly accessible by an ordinary person from sources other than a covered model or covered model derivative.
(B) Harms caused or materially enabled by a covered model combined with other software, including other models, if the covered model did not materially contribute to the other software’s ability to cause or materially enable the harm.
(C) Harms that are not caused or materially enabled by the developer’s creation, storage, use, or release of a covered model or covered model derivative.