A. Notwithstanding any other provisions of law, an enterprise commits an offense if:
1. The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or
2. The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or
3. The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and
(a) The offense is a misdemeanor or petty offense; or
(b) The offense is defined by a statute which imposes criminal liability on an enterprise.
B. As used in this section:
1. "Agent" means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.
2. "High managerial agent" means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.
Notes of Decisions
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
· cites it 21× “¶ 11 In 1977, the Arizona legislature enacted A.R.S. § 13-305, which permits an enterprise to be held criminally liable.”
State v. C.B. Johnson, Inc., 759 P.2d 648 (Ariz. Ct. App. 1988).
· cites it 6× “1 Johnson was originally charged as an enterprise, under A.R.S. § 13-305. 2 Johnson was found guilty of the nine overweight vehicle charges in a trial to the court and was fined a total of $116,450 and placed on one years’ probation.”
State v. L & L (Ariz. Ct. App. 2026).
· cites it 2× “See A.R.S. § 13-305(A)(2). ¶78 L&L asserts that the State failed to present formal documentation, such as articles of organization, to prove its existence as a legal entity.”
Ariz. Rev. Stat. § 13-305(A): 1 case
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
“¶ 11 In 1977, the Arizona legislature enacted A.R.S. § 13-305, which permits an enterprise to be held criminally liable.”
Ariz. Rev. Stat. § 13-305(A)(1): 1 case
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
“¶ 11 In 1977, the Arizona legislature enacted A.R.S. § 13-305, which permits an enterprise to be held criminally liable.”
Ariz. Rev. Stat. § 13-305(A)(2): 2 cases
State v. L & L (Ariz. Ct. App. 2026).
“See A.R.S. § 13-305(A)(2). ¶78 L&L asserts that the State failed to present formal documentation, such as articles of organization, to prove its existence as a legal entity.”
Ariz. Rev. Stat. § 13-305(B): 1 case
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
“¶ 11 In 1977, the Arizona legislature enacted A.R.S. § 13-305, which permits an enterprise to be held criminally liable.”
Ariz. Rev. Stat. § 13-305(B)(2): 1 case
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).
“¶ 11 In 1977, the Arizona legislature enacted A.R.S. § 13-305, which permits an enterprise to be held criminally liable.”
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