Delaware § 281 Criminal liability of organizations

Delaware Statutes

§ 281 — Criminal liability of organizations

Delaware § 281

Title11

PartDelaware Criminal Code

Ch. 2GENERAL PROVISIONS CONCERNING OFFENSES

This text of Delaware § 281 (Criminal liability of organizations) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 281 (2026).

Text

An organization 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 organizations by law; or

(2)The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or

(3)The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and: a. The offense is a misdemeanor or a violation; or b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal lia

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An organization 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 organizations by law; or

(2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization; or

(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:

a. The offense is a misdemeanor or a violation; or

b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.