Arizona Laws 13-305. Criminal liability of enterprises; definitions
A. Notwithstanding any other provisions of law, an enterprise commits an offense if:
Terms Used In Arizona Laws 13-305
- Act: means a bodily movement. See Arizona Laws 13-105
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
- Statute: A law passed by a legislature.
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.