"The AI" cannot "refuse" any more than a hammer can refuse. If you use a hammer to kill someone, you commit a crime and the hammer is unprosecuted. If you design a hammer to kill people and then give it away, you are partially liable for the deaths it causes. If you make a normal hammer and someone uses it to kill, you bear no blame.
I don't see why these standards should change when the hammer also emits text messages.
> If you design a hammer to kill people and then give it away, you are partially liable for the deaths it causes.
This doesn't seem to be the case today (weapons manufacture).