Crimes committed by humans using AI are crimes. "AI" doesn't do shit without someone giving it instructions & some agency.

Next - you can look at corporations in the US and elsewhere for legal shields to crime... bad company, here's a small fine and a huge government contract.

AI isn't the problem, just a distraction for simple minds; meanwhile the future is plundered.

I think it's technically only a civil matter unless the human who sold the tokens or the human who requested the image strongly implied the works were actually made by that artist while selling to a third party.