1-13-6: CRIMINAL LIABILITY OF BUSINESS ENTITIES:
A. A business entity 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 business entity by law; or
2. 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.
B. As used in this section:
AGENT: Any director, officer, or employee of a business entity or any other person who is authorized to act in behalf of the business entity.
BUSINESS ENTITY: A corporation or other entity that is subject to the provisions of title 7, Colorado Revised Statutes; foreign corporations qualified to do business in this state pursuant to article 115 of title 7, Colorado Revised Statutes, specifically including federally chartered or authorized financial institutions; a corporation or other entity that is subject to the provisions of title 11, Colorado Revised Statutes; or a sole proprietorship or other association or group of individuals doing business in the state.
HIGH MANAGERIAL AGENT: 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.
C. For every offense committed by a business entity, the business entity shall only be subject to the imposition of a fine as provided in chapter 4 of this title. (Ord. 31, Series 2004)