12.1-03 Accomplices - Corporations - Agents
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<![CDATA[CHAPTER 12.1-03ACCOMPLICES - CORPORATIONS - AGENTS12.1-03-01. Accomplices.1.A person may be convicted of an offense based upon the conduct of another person<br>when:a.Acting with the kind of culpability required for the offense, he causes the other<br>to engage in such conduct;b.With intent that an offense be committed, he commands, induces, procures, or<br>aids the other to commit it, or, having a statutory duty to prevent its<br>commission, he fails to make proper effort to do so; orc.He is a coconspirator and his association with the offense meets the<br>requirements of either of the other subdivisions of this subsection.A person is not liable under this subsection for the conduct of another person when<br>he is either expressly or by implication made not accountable for such conduct by<br>the statute defining the offense or related provisions because he is a victim of the<br>offense or otherwise.2.Unless otherwise provided, in a prosecution in which the liability of the defendant is<br>based upon the conduct of another person, it is no defense that:a.The defendant does not belong to the class of persons who, because of their<br>official status or other capacity or characteristic, are by definition of the offense<br>the only persons capable of directly committing it; orb.The person for whose conduct the defendant is being held liable has been<br>acquitted, has not been prosecuted or convicted, has been convicted of a<br>different offense, is immune from prosecution, or is otherwise not subject to<br>justice.12.1-03-02. Corporate and limited liability company criminal responsibility.1.A corporation or a limited liability company may be convicted of:a.Any offense committed by an agent of the corporation or limited liability<br>company within the scope of the agent's employment on the basis of conduct<br>authorized, requested, or commanded, by any of the following or a combination<br>of them:(1)The board of directors or the board of governors.(2)An executive officer, executive manager, or any other agent in a position<br>of comparable authority with respect to the formulation of policy or the<br>supervision in a managerial capacity of subordinate employees.(3)Any person, whether or not an officer of the corporation, who controls the<br>corporation or is responsibly involved in forming its policy.(4)Any person, whether or not a manager of the limited liability company,<br>who controls the limited liability company or is responsibly involved in<br>forming its policy.Page No. 1(5)Any other person for whose act or omission the statute defining the<br>offense provides corporate or limited liability company responsibility for<br>offenses.b.Any offense consisting of an omission to discharge a specific duty of affirmative<br>conduct imposed on a corporation or a limited liability company by law.c.Any misdemeanor committed by an agent of the corporation or the limited<br>liability company within the scope of the agent's employment.d.Any offense for which an individual may be convicted without proof of<br>culpability, committed by an agent of the corporation or the limited liability<br>company within the scope of the agent's employment.2.It is no defense that an individual upon whose conduct liability of the corporation or<br>the limited liability company for an offense is based has been acquitted, has not<br>been prosecuted or convicted, has been convicted of a different offense, is immune<br>from prosecution, or is otherwise not subject to justice.12.1-03-03. Individual accountability for conduct on behalf of organizations.1.A person is legally accountable for any conduct he performs or causes to be<br>performed in the name of an organization or in its behalf to the same extent as if the<br>conduct were performed in his own name or his behalf.2.Except as otherwise expressly provided, whenever a duty to act is imposed upon an<br>organization by a statute or regulation thereunder, any agent of the organization<br>having primary responsibility for the subject matter of the duty is legally accountable<br>for an omission to perform the required act to the same extent as if the duty were<br>imposed directly upon himself.3.When an individual is convicted of an offense as an accomplice of an organization,<br>he is subject to the sentence authorized when a natural person is convicted of that<br>offense.12.1-03-04. Definitions and general provisions.1.In this chapter:a."Agent" means any partner, director, officer, governor, manager, servant,<br>employee, or other person authorized to act in behalf of an organization.b."Organization" means any legal entity, whether or not organized as a<br>corporation, limited liability company, or unincorporated association, but does<br>not include an entity organized as or by a governmental agency for the<br>execution of a governmental program.2.Nothing in this chapter shall limit or extend the criminal liability of an unincorporated<br>association.Page No. 2Document Outlinechapter 12.1-03 accomplices - corporations - agents]]>