§ 18-1-606 — Criminal liability of business entities - definitions

(1) A business
entity is guilty of an offense if:

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

(b) The conduct constituting the offense is engaged in, authorized, solicited,
requested, commanded, or knowingly tolerated by the governing body or individual
authorized to manage the affairs of the business entity or by a high managerial
agent acting within the scope of his or her employment or in behalf of the business
entity.

(2) As used in this section:

(a) Agent means any director, officer, or employee of a business entity, or
any other person who is authorized to act in behalf of the business entity, and high
managerial agent means an officer of a business entity or any other agent in a
position of comparable authority with respect to the formulation of the business
entity's policy or the supervision in a managerial capacity of subordinate
employees.

(b) Business entity means a corporation or other entity that is subject to
the provisions of title 7, C.R.S.; foreign corporations qualified to do business in this
state pursuant to article 115 of title 7, C.R.S., specifically including federally
chartered or authorized financial institutions; a corporation or other entity that is
subject to the provisions of title 11, C.R.S.; or a sole proprietorship or other
association or group of individuals doing business in the state.

(3) Every offense committed by a corporation prior to July 1, 1985, which
would be a felony if committed by an individual shall subject the corporation to the
payment of a fine of not less than one thousand dollars nor more than fifteen
thousand dollars. For such offenses committed on or after July 1, 1985, the
corporation shall be subject to the payment of a fine within the presumptive ranges
authorized by section 18-1.3-401 (1)(a)(III). Every offense committed by a corporation
which would be a misdemeanor, petty offense, or civil infraction if committed by an
individual shall subject the corporation to the payment of a fine within the minimum
and maximum fines authorized by sections 18-1.3-501 and 18-1.3-503 for the
particular offense of which the corporation is convicted. For an offense committed
on or after July 1, 2003, a business entity shall be subject to the payment of a fine
within the presumptive ranges authorized by section 18-1.3-401 (1)(a)(III). An offense
committed by a business entity that would be a misdemeanor, petty offense, or civil
infraction if committed by an individual shall subject the business entity to the
payment of a fine within the minimum and maximum fines authorized by sections
18-1.3-501 and 18-1.3-503 for the particular offense of which the business entity is
convicted.

Legislative History

Source: L. 71: R&RE, p. 406, � 1. C.R.S. 1963: � 40-1-706. L. 85: (3) amended, p. 658, � 7, effective July 1. L. 2002: (3) amended, p. 1511, � 180, effective October 1. L. 2003: Entire section amended, p. 982, � 18, effective April 17. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3167, � 179, effective March 1, 2022.