Given an octopus[0] is worse at mimicking human output than an LLM, either you decide that the LLM has surpassed the octopus in thought capability and should enjoy higher protections against abuse and violence, or you decide that thought is irrelevant when exhibiting capability to mimic human output. (As a third option, you could decide that abusing a human-like thinking being is OK, but let’s assume you would not choose this path.)
[0] A protected species for its sentience.