Yeah...but rather than get into ever-fancier legal and philosophical arguments about the LLM's agency, I'd like to see the justice system just rotate the table:
"The court agrees with your argument that you are not responsible for the horrible things that happened to the victim, as a consequence of your LLM's decisions. But similarly, the court will not be responsible for the horrible things that will be happening to you, because our LLM's decisions."
(No - it doesn't much matter whether that is actually done. Vs. used as a rhetorical banhammer, to shut down the "we're not responsible" BS.)
"The court agrees with your argument that you are not responsible for the horrible things that happened to the victim, as a consequence of your LLM's decisions. But similarly, the court will not be responsible for the horrible things that will be happening to you, because our LLM's decisions."
(No - it doesn't much matter whether that is actually done. Vs. used as a rhetorical banhammer, to shut down the "we're not responsible" BS.)