2006 Ohio Revised Code - 2901.24. Personal accountability for organizational conduct.

§ 2901.24. Personal accountability for organizational conduct.
 

(A)  An officer, agent, or employee of an organization as defined in section 2901.23 of the Revised Code may be prosecuted for an offense committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any of the following apply: 

(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility; 

(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged. 

(B)  When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf. 
 

HISTORY: 134 v H 511. Eff 1-1-74.
 

Not analogous to former RC § 2901.24 (RS § 6821; S&S 262; S&C 407; 62 v 77; 95 v 344; GC § 12421; Bureau of Code Revision, 10-1-53; 129 v 1704), repealed 134 v H 511, § 2, eff 1-1-74.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 eliminates the possibility under Ohio case law that individuals as well as corporations may use the corporate structure as a shield from liability for criminal acts. 

The general rule in Ohio is that an individual is responsible for his offenses, even if committed in the name of a corporation and in its behalf. It has been held, however, that where a corporation is a principal offender, its officers, and employees' agents cannot be charged as aiders and abettors when the corporation itself cannot be charged because of the lack of a suitable punishment. State v. Gossler, 74 OApp 486, 30 O.O. 110, 57 N.E.2d 677 (1944). This section adopts the general rule cited above, but does away with the exception to it found in the Gossler case.