46.3210 Liability of corporations and unincorporated associations.

Cite as [A.S.C.A. § 46.3210]

(a) A corporation is guilty of an offense if:

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

(2) 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 a misdemeanor or an infraction, or the offense is one defined by a statute that clearly indicates a legislative intent to impose that criminal liability on a corporation; or

(3) the conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly 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.

(b) An unincorporated association is guilty of an offense if:

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

(2) the conduct constituting the offense is engaged in by an agent of the association while acting within the scope of his employment and in behalf of the association and the offense is one defined by a statute that clearly indicates a legislative intent to impose that criminal liability on the association.

(c) As used in this section:

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

(2) "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.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 562.056.