Who said anything about the LLM being given the death penalty? The user who asked it to commit an illegal act is the one at fault.

Do people give guns the death penalty? No, they give the person who fired it the death penalty.

Why would an LLM be any different? If you do something malicious with it or plan to do something malicious, just like a person's search history or credit card history outing them as a potential threat, why would AI be any different? Even if the AI is running on their own hardware, that data set needs to come from somewhere.