This is overly reductive.
If your web browser hacks a bank, but you didn't know and didn't expect it to, have you hacked a bank? Why is an LLM different? What happened to mens rea?
A web browser can't decide to hack a bank anymore than a LLM can. Neither have any understanding of what a bank is or any will to act on their own. The person who instructs/uses a web browser to hack a bank (even if it's someone else's browser) commits the crime.
> If your web browser hacks a bank, but you didn't know and didn't expect it to, have you hacked a bank?
Depends, as usual. Intent can matter, but depends on the statute (and jurisdiction) in question.
We'll only know when that gets tested in court, but I'd be willing to bet the answer will be: yes, you have hacked a bank. I find it very hard to believe the justice system would let someone off on some technicality around intention and agents after a serious bank hack.