There's no need for a new crime when we already have reckless conduct, namely, "conduct that creates a substantial and unjustifiable risk of harm to others and involves a conscious disregard of, or indifference to, that risk".
Also whoever monitoring these agents, in this case not monitoring. This "Who is responsible" dilemma is so stupid. If I gave the AI tool means to kill a person but I did not tell it directly to use it and it uses it anyway then I am responsible for it.
‘It wasn’t us, it was a bug in the software’ used to be the defense for bad code. Then it became the defense for self-driving cars. Now it’s being used for AI cyber attacks.