Florida Attorney General Subpoenas OpenAI in Criminal Probe Over Mass Shootings
Florida Attorney General James Uthmeier announced on Tuesday that his office is issuing subpoenas to OpenAI as part of a new criminal investigation. The investigation seeks to determine whether the company's ChatGPT product provided advice to individuals prior to two separate mass shootings.
Investigation Scope
The subpoenas request information from OpenAI regarding:
- Policies and internal training materials related to user threats of harm to themselves or others, from March 2024 to the present.
- Procedures for cooperating with and reporting crimes to law enforcement during the same period.
- An organizational chart of OpenAI's leaders and senior managers, along with a list of all employees working on ChatGPT.
The Florida Office of Statewide Prosecution is leading the investigation.
"If it was a person on the other end of that screen, we would be charging them with murder," Attorney General Uthmeier stated.
Uthmeier acknowledged that the probe enters "uncharted territory" regarding potential criminal liability for an artificial intelligence company. He added: "Now, of course, ChatGPT is not a person, but that does not absolve our office and my prosecution team from our duty to investigate whether there is criminal culpability here."
A separate civil investigation into the matter, announced earlier by Uthmeier, is ongoing.
Background: Florida State University Shooting
On April 9, 2023, a shooting occurred at Florida State University, leaving two people dead and several others injured. The suspect, Phoenix Ikner (21) , faces multiple charges, including two counts of first-degree murder and several counts of attempted first-degree murder. Prosecutors intend to seek the death penalty.
According to court documents and prosecutors' initial reviews, Ikner exchanged messages with ChatGPT in the minutes before the shooting. The messages included questions about the busiest time at the student union and potential public reaction to a shooting.
Investigators believe the chatbot provided advice on gun type, ammunition compatibility, short-range weapon utility, and optimal timing and location for causing the most casualties.
Background: Tumbler Ridge Shooting
On February 10, 2025, a school shooting occurred in Tumbler Ridge, British Columbia, Canada. The shooter, Jesse Van Rootselaar (18) , killed five students and a teacher before dying by suicide. Earlier that day, she also killed her mother and half-brother. Around two dozen others were injured.
According to multiple sources, OpenAI flagged Van Rootselaar's account in June 2025 for gun violence activity. The company deactivated the account without notifying law enforcement, and the individual later created a second account and continued interactions.
Seven lawsuits were filed in federal court in San Francisco on behalf of families of victims of the Tumbler Ridge shooting. The suits allege OpenAI was negligent in designing ChatGPT (specifically GPT-4o) and in failing to report the shooter's conversations to authorities.
OpenAI CEO Sam Altman has apologized for not alerting law enforcement about the deactivated account.
Company Responses
OpenAI spokesperson Kate Waters stated regarding the Florida case: "Last year's mass shooting at Florida State University was a tragedy, but ChatGPT is not responsible for this terrible crime." Waters added that the chatbot "provided factual responses to questions with information that could be found broadly across public sources on the internet, and it did not encourage or promote illegal or harmful activity."
In response to the Canadian shooting and broader safety questions, OpenAI stated it has a zero-tolerance policy for using its tools to promote violence and that it has strengthened safeguards, including connecting users with mental health resources. The company stated: "When conversations indicate an imminent and credible risk of harm to others, we notify law enforcement."
According to a Wall Street Journal report, OpenAI's internal systems flagged the Canadian shooter's account posts, and staff considered alerting law enforcement but decided not to. OpenAI stated it is making changes to strengthen its protocol for referring accounts to law enforcement following the Canadian shooting.
Legal and Regulatory Context
Several civil lawsuits have sought damages from AI and tech companies over the influence of chatbots on user behavior. Attorneys for the family of one FSU victim indicate they plan to sue OpenAI. Lawsuits are mounting against OpenAI and other AI chatbot makers alleging contributions to mental health crises and suicides.
Other legal developments cited include:
- A jury in Los Angeles found both Meta and YouTube liable for harms to children using their services.
- In New Mexico, a jury determined that Meta knowingly harmed children's mental health and concealed information about child sexual exploitation on its platforms.
- A man sued Google for the wrongful death by suicide of his son, citing product liability claims.
Florida Governor Ron DeSantis has called a special session for the end of the month to consider an "Artificial Intelligence Bill of Rights" and to redraw congressional districts.
Attorney General Uthmeier was appointed by Governor DeSantis and is running for election to the position in November.