2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 3 - Culpability
307 - Liability of organizations and certain related persons.

     § 307.  Liability of organizations and certain related persons.
        (a)  Corporations generally.--A corporation may be convicted
     of the commission of an offense if:
            (1)  the offense is a summary offense or the offense is
        defined by a statute other than this title in which a
        legislative purpose to impose liability on corporations
        plainly appears and the conduct is performed by an agent of
        the corporation acting in behalf of the corporation within
        the scope of his office or employment, except that if the law
        defining the offense designates the agents for whose conduct
        the corporation is accountable or the circumstances under
        which it is accountable, such provisions shall apply;
            (2)  the offense consists of an omission to discharge a
        specific duty of affirmative performance imposed on
        corporations by law; or
            (3)  the commission of the offense was authorized,
        requested, commanded, performed or recklessly tolerated by
        the board of directors or by a high managerial agent acting
        in behalf of the corporation within the scope of his office
        or employment.
        (b)  Corporations, absolute liability.--When absolute
     liability is imposed for the commission of an offense, a
     legislative purpose to impose liability on a corporation shall
     be assumed, unless the contrary plainly appears.
        (c)  Unincorporated associations.--An unincorporated
     association may be convicted of the commission of an offense if:
            (1)  the offense is defined by a statute other than this
        title which expressly provides for the liability of such an
        association and the conduct is performed by an agent of the
        association acting in behalf of the association within the
        scope of his office or employment, except that if the law
        defining the offense designates the agents for whose conduct
        the association is accountable or the circumstances under
        which it is accountable, such provisions shall apply; or
            (2)  the offense consists of an omission to discharge a
        specific duty of affirmative performance imposed on
        associations by law.
        (d)  Defenses.--In any prosecution of a corporation or an
     unincorporated association for the commission of an offense
     included within the terms of paragraph (a)(1) or paragraph
     (c)(1) of this section, other than an offense for which absolute
     liability has been imposed, it shall be a defense if the
     defendant proves by a preponderance of evidence that the high
     managerial agent having supervisory responsibility over the
     subject matter of the offense employed due diligence to prevent
     its commission. This subsection shall not apply if it is plainly
     inconsistent with the legislative purpose in defining the
     particular offense.
        (e)  Persons acting or under a duty to act for
     organizations.--
            (1)  A person is legally accountable for any conduct he
        performs or causes to be performed in the name of a
        corporation or an unincorporated association or in its behalf
        to the same extent as if it were performed in his own name or
        behalf.
            (2)  Whenever a duty to act is imposed by law upon a
        corporation or an unincorporated association, any agent of
        the corporation or association having primary responsibility
        for the discharge of the duty is legally accountable for a
        reckless omission to perform the required act to the same
        extent as if the duty were imposed by law directly upon
        himself.
            (3)  When a person is convicted of an offense by reason
        of his legal accountability for the conduct of a corporation
        or an unincorporated association, he is subject to the
        sentence authorized by law when a natural person is convicted
        of an offense of the grade and the degree involved.
        (f)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Agent."  Any director, officer, servant, employee or other
     person authorized to act in behalf of the corporation or
     association and, in the case of an unincorporated association, a
     member of such association.
        "Corporation."  Does not include an entity organized as or by
     a governmental agency for the execution of a governmental
     program.
        "High managerial agent."  An officer of a corporation or an
     unincorporated association, or, in the case of a partnership, a
     partner, or any other agent of a corporation or association
     having duties of such responsibility that his conduct may fairly
     be assumed to represent the policy of the corporation or
     association.

        Cross References.  Section 307 is referred to in section 6305
     of this title.