2006 Ohio Revised Code - 2901.23. Organizational criminal liability.

§ 2901.23. Organizational criminal liability.
 

(A)  An organization may be convicted of an offense under any of the following circumstances: 

(1) The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply. 

(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply. 

(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization. 

(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of his office or employment. 

(B)  When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears. 

(C)  In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense. 

(D)  As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial or legal entity. "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program. 
 

HISTORY: 134 v H 511. Eff 1-1-74.
 

Not analogous to former RC § 2901.23 (RS § 6820; S&S 265; S&C 411; 64 v 43; GC § 12420; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 4 of HB 511. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section adopts the principle that an organization can be held criminally liable for any offense. 

Case law indicates that corporations have been held liable for some offenses, although there is confusion as to whether a corporation is capable of forming the requisite culpable mental state, and as to whether organizations other than corporations can be criminally liable for any offense. The section provides specific rules for holding not only corporations but various other types of organizations liable for violations. 

The lack of a suitable penalty has also been a stumbling block to organizational criminal liability. That is, how can a corporation be jailed? The code removes this difficulty by providing special penalties applicable to organizations for every offense. See, section 2929.31.