All the more reason to avoid describing LLMs as intelligent at all - it's too much of an overloaded, poor fit word. We generally talk about below-human intelligence in scales and standard deviations of human development - "The dog has the intelligence of a 2 year old". We generally consider a child or some people with cognitive impairment unable to be criminally responsible for their actions.

However, an LLM can both achieve tasks better many humans who are able to be held criminally responsible for their actions cannot. But that does not mean they can be held responsible for their actions. They are still simply computer programs.

Words are plentiful. We can even make them up with a tighter definition to describe this phenomenon.