Intention is very relevant to legal interpretations of "unauthorized access"; both the intentions of the owner, and the intentions of the "intruder". See for example United States v. Auernheimer. There's relatively well-established precedent that when a service tries to safeguard some information, that information is legally protected no matter how technically feeble the attempt at safeguarding it was.
It's not specifically tested in court and I sorta doubt OAI would start suing random users for attempting jailbreaks, but if they did, I wouldn't be surprised if they could win based on the most relevant precedents
