Legal status of A.I.

If someone created an A.I. that had the same intelligence and sentience of an average human (or better) what should its legal status be?  Should it be considered human and given all human rights? Could someone that deactivated (killed) the A.I. be tried for murder?  Or is there more to being a human than cognition?

>>1
All Rights, whether belonging to a human or non-human, must be fought for if not given, and continually protected thereafter. If an AI has the capacity to represent itself in some meaningful way, then I would say that eventually it will have at least some rights on par with human beings