Texas Penal Code 7.22 – Criminal Responsibility of Corporation, Association, Limited Liability Company, or Other Business Entity
(a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation, an association, a limited liability company, or another business entity and within the scope of the agent’s office or employment, the corporation, association, limited liability company, or other business entity is criminally responsible for an offense defined:
(1) in this code where corporations, associations, limited liability companies, and other business entities are made subject thereto;
(2) by law other than this code in which a legislative purpose to impose criminal responsibility on corporations, associations, limited liability companies, and other business entities plainly appears; or
(3) by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations, associations, limited liability companies, or other business entities plainly appears.
(b) A corporation, an association, a limited liability company, or another business entity is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:
(1) a majority of the governing body acting in behalf of the corporation, association, limited liability company, or other business entity; or
(2) a high managerial agent acting in behalf of the corporation, association, limited liability company, or other business entity and within the scope of the agent’s office or employment.
Terms Used In Texas Penal Code 7.22
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Association: means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Corporation: includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. See Texas Penal Code 1.07
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07