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This entry was published on 2014-09-22
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SECTION 20.20
Criminal liability of corporations
Penal (PEN) CHAPTER 40, PART 1, TITLE B, ARTICLE 20
§ 20.20 Criminal liability of corporations.

1. As used in this section:

(a) "Agent" means any director, officer or employee of a corporation,
or any other person who is authorized to act in behalf of the
corporation.

(b) "High managerial agent" means an officer of a corporation or any
other agent in a position of comparable authority with respect to the
formulation of corporate policy or the supervision in a managerial
capacity of subordinate employees.

2. A corporation is guilty of an offense when:

(a) The conduct constituting the offense consists of an omission to
discharge a specific duty of affirmative performance imposed on
corporations by law; or

(b) The conduct constituting the offense is engaged in, authorized,
solicited, requested, commanded, or recklessly tolerated by the board of
directors or by a high managerial agent acting within the scope of his
employment and in behalf of the corporation; or

(c) The conduct constituting the offense is engaged in by an agent of
the corporation while acting within the scope of his employment and in
behalf of the corporation, and the offense is (i) a misdemeanor or a
violation, (ii) one defined by a statute which clearly indicates a
legislative intent to impose such criminal liability on a corporation,
or (iii) any offense set forth in title twenty-seven of article
seventy-one of the environmental conservation law.