In some cases in the most literal sense of that.
Yes, if this code was in a Tesla, it would be criminally negligent, because in the driver's seat of a Tesla is a consumer that bought a product called "autopilot".
Uber, and Waymo, and Cruise, are all _testing_ their systems, and that's why they installed safety drivers. There's no marketing here, and there is no customer -- the person in the driver's seat was employed to sit there and pay attention to what's going on, for the explicit reason that the car's computer is NOT yet capable of driving itself.
That's in marketing materials rather then the legal ones. Which is great to make regular people interpret it "look, it can drive itself, I'll just fiddle with my phone" but doesn't put any of the legal responsibility on the manufacturer's shoulders. I'm guessing regulators will eventually have to weigh in on this.
If they are truly trying to stick to the guns of "well the 'driver' should have been prepared to take over at zero notice", then their (potentially criminal) negligence is in how they present and market their product and not in the software. But it's one or the other.