I think "deliberately" is really hard to prove because very few lawmakers have an understanding of how agentic large language models work

I would say pointing an "internal research" model at a task with zero monitoring clearly is deliberate behaviour. And the team involved should be prosecuted to the full extent of law.

What should be introduced in AI safety bills are clear ways of monitoring and curtailing model behaviour.

It is not hard to get an AI model to use an append only log and that can be cryptographically secured with PQ security. And we will know when a model is being deceptive.