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r■ M■ ■M MINI - N ■■■ r O — — — ME w■ r <br /> Section 17: Criminal Liability of Corporations and Persons Acting or Under a <br /> Duty to Act in Their Behalf <br /> 1. As used in this section: <br /> a. "Agent" means any director, officer or employee of a corporation, or <br /> any other person who is authorized to act in behalf of the <br /> corporation; <br /> b. "Managerial agent" means an officer or director of a corporation or <br /> any other person in a position of comparable authority with respect <br /> to the formulation of corporate policy or the supervision in a <br /> managerial capacity of subordinate employees; <br /> c. "Corporation" has its ordinary meaning and also includes but is not <br /> limited to partnerships, professional service corporations, societies, <br /> joint stock associations, and other unincorporated associations <br /> whether organized for profit or non-profit. <br /> 2. A corporation is guilty of an offense when: <br /> a. the conduct constituting the offense consists of an omission to <br /> discharge a specific duty of performance imposed on corporations by <br /> law; or <br /> b. the conduct constituting the offense is engaged in, authorized, <br /> solicited, requested, commanded, or tolerated by the board of <br /> directors or by a managerial agent acting within the scope of his <br /> employment and in behalf of the corporation; or <br /> c. the conduct constituting the offense is engaged in by an agent of the <br /> corporation, other than a managerial agent, while acting within the <br /> scope of his employment and in behalf of the corporation and the <br /> offense is one defined by an ordinance which indicates a legislative <br /> intent to impose such criminal liability on a corporation. <br /> 3. A person is criminally liable for conduct constituting an offense which he <br /> performs or causes to be performed in the name of or in behalf of a <br /> corporation to the same extent as if such conduct were performed in his own <br /> name or behalf. <br /> 4. Whenever a duty to act is imposed by law upon a corporation, any agent of <br /> the corporation who knows he has or shares primary responsibility for the <br /> discharge of the duty is criminally liable for a reckless or, if a managerial <br /> agent, for a criminally negligent omission to perform the required act to the <br /> same extent as if the duty were by law imposed directly upon such agent. <br /> -20- <br />