Liability of corporations and unincorporated associations
A business (like a company or club) can be blamed for a crime in a few situations. First, if the business failed to do something the law required it to do. Second, if one of its workers did something illegal while doing their job for the business. Third, for corporations specifically, if the top bosses approved, allowed, or knew about the illegal act. Both regular companies and other groups like clubs or associations can be held responsible this way.
562.056. of s and . — 1. A corporation is guilty of an if:
(1) The conduct constituting the offense consists of an to a specific duty of imposed on corporations by law; or
(2) The conduct constituting the offense is engaged in by an of the corporation while acting within the scope of his or her and in behalf of the corporation, and the offense is a or an , or the offense is one defined by a that clearly indicates a to impose such on a corporation; or
(3) The conduct constituting the offense is engaged in, , , requested, commanded or tolerated by the or by a acting within the scope of his or her employment and in behalf of the corporation.
2. An is guilty of an offense if:
(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the by law; or
(2) The conduct constituting the offense is engaged in by an agent of the association while acting within the scope of his or her employment and in behalf of the association and the offense is one defined by a statute that clearly indicates a legislative intent to impose such criminal liability on the association.
3. As used in this section:
(1) "Agent" means any , officer or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association;
(2) "High managerial agent" means an officer of a corporation or any other agent in a position of with respect to the formulation of corporate policy or the supervision in a managerial of employees.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Related Missouri laws
Conviction of different degrees of offenses
RSMo 562.051
Liability of individual for conduct of corporation or unincorporated association
RSMo 562.061
Defense precluded
RSMo 562.046
Entrapment
RSMo 562.066
Responsibility for the conduct of another
RSMo 562.041
Duress
RSMo 562.071
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.