18-1-607. Criminal liability of an individual for corporate conduct.

Statute text

A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him in his own name or behalf.

History

Source: L. 71: R&RE, p. 407, 1. C.R.S. 1963: 40-1-707.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Criminal Prosecution of Employers for Workplace Deaths and Injuries", see 16 Colo. Law. 1974 (1987).

A corporate officer may be criminally liable for embezzlement or larceny of property of third person through a corporate act where the act was performed by the individual officer, or at his direction, or by his permission. Hartson v. People, 125 Colo. 1, 240 P.2d 907 (1951) (decided under CSA, C. 108, 102).

It is not grounds for dismissal that defendant did not personally participate in every part of the transaction if, as the evidence indicates, he was the causative force behind acts performed in the corporation's name. People v. Treat, 193 Colo. 570, 568 P.2d 473 (1977).

PART 7
JUSTIFICATION AND EXEMPTIONS
FROM CRIMINAL RESPONSIBILITY