NY State — NY Penal Law

§ 20.20 — Criminal liability of corporations

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 20.20?

Quick Answer

1. As used in this section: (a) "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

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§ 20.20 Criminal liability of corporations

PL § 20.20

§ 20.20 Criminal liability of corporations.

1.As used in this section:

(a)"Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

(b)"High managerial agent" means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

2.A corporation is guilty of an offense when:

(c)The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and on behalf of the corporation, and the offense is (i) a misdemeanor or a violation, (ii) one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation, (iii) any offense set forth in title twenty-seven of article seventy-one of the environmental conservation law, or (iv) is in relation to a crime involving the death or serious physical injury of an employee where the corporation acted negligently, recklessly, intentionally, or knowingly.

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