Del. Code 11, § 281 : Crimes And Criminal Procedure — General Provisions Concerning Offenses — Criminal liability of organizations

  • Date:

Current through 2016 Legislative Session, Act 399

An organization is guilty of an offense when:

(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law; or
(2) 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 employment and in behalf of the organization; or
(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:
a. The offense is a misdemeanor or a violation; or
b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.
Del. C. § 281
11 Del. C. 1953, § 281; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 71, §§ 1, 2.;
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