§ 13-305 Criminal liability of enterprises; definitions

AZ Rev Stat § 13-305 (2019) (N/A)

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13-305. Criminal liability of enterprises; definitions

A. Notwithstanding any other provisions of law, an enterprise commits an offense if:

1. The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or

2. The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or

3. The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and

(a) The offense is a misdemeanor or petty offense; or

(b) The offense is defined by a statute which imposes criminal liability on an enterprise.

B. As used in this section:

1. " Agent" means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.

2. " High managerial agent" means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.

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