Earlier quoted context omitted.
You would have to prove they acted intentionally, though. You can't just argue in court, "Well, we don't know how they prompted, so we will assume the worst" If the prosecution is able to prove beyond a reasonable doubt that the person gave a prompt that was intended to commit a crime, then of course we can prosecute them for that. The AI is just a tool to commit fraud at that point, and is no different than a person…
But, your honor, I didn’t know it was a crime! My bad!
That doesn’t mean you can get away with anything as long as you don’t intend to commit a crime; there are many other crimes that don’t require intention at all, like involuntary manslaughter or gross negligence.
My point is that if you want to charge someone with a crime that requires intention, you have to prove that intention.