Most crimes require intent. Some do not, but without intent, still tend to be lesser crimes. For example, killing someone through negligence (the zip tie example) is still a crime, but manslaughter, and not murder.

Digital trespass, intent is generally required, but the definition of "intent" varies by circuit in rather interesting ways. I don't think OpenAI could be prosecuted criminally under current US laws due to those wrinkles (which is a problem with current US laws).