Given my opening was agreeing with you, I ought to draw your attention: the part you seem to be replying to here is focused on the case where we really do want to know if we should treat the AI as we treat humans, and if so what punishing it looks like, rather than as property where we punish the owner.

> If a dog bites, we don't wait to take action until we figure out a way of teaching the dog the experience of guilt or punishment.

When we invented the concept of legal liability, our species was broadly still animistic and panpsychic. The concept of a "scapegoat" is named after the idea of literally putting the sins of a village into a goat and driving it away.

After doing that for perhaps 4500 years, we are now in the position to do as you say for e.g. dogs (and also machines).