Compliance

AI-use aggravating circumstance

A sentencing aggravator for offences committed by means of AI.

Definition

A legal aggravating circumstance proposed to be added to the Penal Code that permits judges to consider the use of artificial intelligence in planning, augmenting, or committing an offence as a factor increasing culpability at sentencing. The provision does not prescribe a specific sentence increase but requires courts to evaluate whether AI participation materially heightened harm, scale, deception, or orchestration when applying Article 12 aggravating factors.