If it's going to be this binary. Then there has to be a shift in the way this is handled. It shouldn't be "You wrote these terrible things to a computer, you're now accused of doing them" to maybe "We where notified you wrote these terrible things, and the a psychiatric evaluation is being mandated by the state in which has a law about this sort of thing"

Obviously, as others have pointed out if they don't act and she does the crime it raises the damned if you do damned if you don't. But I've also had the AI's go haywire saying I'm doing all sorts of nefarious things when literally doing math proofs.

So no one size fits all. But going the extreme first is probably not ideal.