There's a big difference between, "I know my product will statistically increase the chance of early death across the population" and "I believe there is a very real chance my product will kill everyone."

All sorts of things increase risk. But child endangerment and similar laws are meant for very immediate and direct threats. OpenAI is building machines that they themselves believe could kill everyone. I see that as very similar to the idea of having fentanyl in the same house as young children. The fentanyl isn't a danger because it will increase the chance of the kids getting lung cancer in their sixties. The fentanyl is a danger because one dose of it could kill a kid instantly. The law addresses immediate threats, not statistical increases in mortality observable across the population.

If people didn't consume oil, fossil fuel companies wouldn't exist either.