Utah Code 76-2-204. Criminal responsibility of corporation or association
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A corporation or association 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 corporations or associations by law; or
Terms Used In Utah Code 76-2-204
- Agent: means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. See Utah Code 76-2-201
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in
Title 16, Chapter 7, Corporations Sole . See Utah Code 76-2-201 - Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Omission: means a failure to act when there is a legal duty to act and the actor is capable of acting. See Utah Code 76-1-101.5
(2) The conduct constituting the offense is authorized, solicited, requested, commanded, or undertaken, performed, or recklessly 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 or association.