Page:1973 North Dakota Session Laws.pdf/223

CRIMES a. Any offense committed by an agent of the corporation within the scope of his employment on the basis of conduct authorized, requested, or commanded, by any of the following or a combination of them:

(1) The board of directors.

(2) An executive officer or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

(3) Any person, whether or not an officer of the corporation, who controls the corporation or is responsibly involved in forming its policy.

(4) Any other person for whose act or omission the statute defining the offense provides corporate responsibility for offenses;

b. Any offense consisting of an omission to discharge a specific duty of affirmative conduct imposed on corporations by law;

c. Any misdemeanor committed by an agent of the corporation within the scope of his employment; or

d. Any offense for which an individual may be convicted without proof of culpability, committed by an agent of the corporation within the scope of his employment.

2. It is no defense that an individual upon whose conduct liability of the corporation for an offense is based has been acquitted, has not been prosecuted or convicted or has been convicted of a different offense, or is immune 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 performed in the name of an organization or in its behalf to the same extent as if the 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 organization by a statute or regulation thereunder, any agent of the organization having primary responsibility for the subject matter of the duty is legally accountable for an omission to perform the required act to the same extent as if the duty were imposed directly upon himself.

3. When an individual is convicted of an offense as an accomplice of an organization, he is subject to the sentence authorized when a natural person is convicted of that offense.

12.1-03-04. DEFINITIONS AND GENERAL PROVISIONS.) 1. In this chapter: