C.R.S. Section 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.

Source: Section 18-1-606 — Criminal liability of business entities - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1‑101
Citation of title 18
18‑1‑102
Purpose of code, statutory construction
18‑1‑102.5
Purposes of code with respect to sentencing
18‑1‑103
Scope and application of code
18‑1‑104
“Offense” defined - offenses classified - common-law crimes abolished
18‑1‑201
State jurisdiction
18‑1‑202
Place of trial - applicability
18‑1‑301
Second trial barred by former prosecution for same offense
18‑1‑302
Second trial barred by former prosecution for different offense
18‑1‑303
Second trial barred by prosecution in another jurisdiction
18‑1‑304
Former prosecution not a bar
18‑1‑401
Purpose
18‑1‑402
Presumption of innocence
18‑1‑403
Legal assistance and supporting services
18‑1‑404
Preliminary hearing or waiver - dispositional hearing
18‑1‑405
Speedy trial - definition
18‑1‑406
Right to jury trial
18‑1‑407
Affirmative defense
18‑1‑408
Prosecution of multiple counts for same act
18‑1‑409
Appellate review of sentence for a felony
18‑1‑410
Postconviction remedy
18‑1‑410.5
Relief from improperly entered guilty pleas - legislative declaration
18‑1‑410.6
Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration
18‑1‑411
Postconviction testing of DNA - definitions
18‑1‑412
Procedure for application for DNA testing - appointment of counsel
18‑1‑413
Content of application for DNA testing
18‑1‑414
Preservation of evidence
18‑1‑415
Testing - payment
18‑1‑416
Results of the DNA test
18‑1‑417
Ineffective assistance of counsel claims - waiver of confidentiality
18‑1‑501
Definitions
18‑1‑502
Requirements for criminal liability in general and for offenses of strict liability and of mental culpability
18‑1‑503
Construction of statutes with respect to culpability requirements
18‑1‑503.5
Principles of criminal culpability
18‑1‑504
Effect of ignorance or mistake upon culpability
18‑1‑505
Consent
18‑1‑601
Liability based upon behavior
18‑1‑602
Behavior of another
18‑1‑603
Complicity
18‑1‑604
Exemptions from liability based upon behavior of another
18‑1‑605
Liability based on behavior of another - no defense
18‑1‑606
Criminal liability of business entities - definitions
18‑1‑607
Criminal liability of an individual for corporate conduct
18‑1‑701
Execution of public duty
18‑1‑702
Choice of evils
18‑1‑703
Use of physical force - special relationships
18‑1‑704
Use of physical force in defense of a person - definitions
18‑1‑704.5
Use of deadly physical force against an intruder
18‑1‑705
Use of physical force in defense of premises
18‑1‑706
Use of physical force in defense of property
18‑1‑706.5
Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle
18‑1‑707
Use of force by peace officers - definitions
18‑1‑708
Duress
18‑1‑709
Entrapment
18‑1‑710
Affirmative defense
18‑1‑711
Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal
18‑1‑712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions
18‑1‑712.5
Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition
18‑1‑713
Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses
18‑1‑714
Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions
18‑1‑801
Insufficient age
18‑1‑802
Insanity
18‑1‑803
Impaired mental condition
18‑1‑804
Intoxication
18‑1‑805
Responsibility - affirmative defense
18‑1‑901
Definitions
18‑1‑1001
Protection order against defendant - definitions
18‑1‑1001.5
Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions
18‑1‑1002
Criminal contempt proceedings - notice to district attorney
18‑1‑1101
Definitions
18‑1‑1102
Scope
18‑1‑1103
Duty to preserve DNA evidence
18‑1‑1104
Manner and location of preservation of DNA evidence
18‑1‑1105
Law enforcement agency request for permission to dispose of evidence - procedures
18‑1‑1106
Defendant request for disposition of or waiver of preservation of DNA evidence - procedures
18‑1‑1107
Victim request for disposition of DNA evidence - procedures
18‑1‑1108
Notice - form and sufficiency
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1-606’s source at colorado​.gov