Law-makers wanted to outlaw all kinds "hacking" even involving future technology. If people were prosecuted for jail-breaking ChatGPT, that would probably be within the intention of the makers of these laws.

Fun fact: The US hacking law, CFAA, was inspired by the 1983 movie War Games, in which an out-of-control AI almost starts a nuclear war. If you travelled back in time, and told them that people will trick AIs to answer questions on bomb-making, they'd probably add the death penalty. In fact, if reactions to AI in this Technology community are any guide, they might still get around to that.