"Inadvertent" from the perspective of the humans directing them. The intent behind the felony comes from the LLM agent itself. (No, I'm not interested in arguing with someone for the umpteenth time that LLMs can't have intent or agency)
From Investopedia [1], "[f]or a product liability claim to succeed, the plaintiffs in the suit must prove that a product was defective at the time it was transferred from the accused, and that the defect did cause the injury that's been claimed". It doesn't seem like a huge leap to me to argue that these models were defective insofar as they could not be safely used in a way that did not break the law.
I'm not a lawyer, and I'm not arguing that this is legally cut-and-dry, but I do expect that we'll have some answers about whether AI companies bear any sort of product liability sooner than later.
1 - https://www.investopedia.com/the-5-largest-u-s-product-liabi...
... why my claim makes no rational sense.