(1) A business entity is guilty of an offense if:
(a) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or
(b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the governing body or individual authorized to manage the affairs of the business entity or by a high managerial agent acting within the scope of his or her employment or in behalf of the business entity.
(2) As used in this section:
(a) "Agent" means any director, officer, or employee of a business entity, or any other person who is authorized to act in behalf of the business entity, and "high managerial agent" means an officer of a business entity or any other agent in a position of comparable authority with respect to the formulation of the business entity's policy or the supervision in a managerial capacity of subordinate employees.
(b) "Business entity" means a corporation or other entity that is subject to the provisions of title 7, C.R.S.; foreign corporations qualified to do business in this state pursuant to article 115 of title 7, C.R.S., specifically including federally chartered or authorized financial institutions; a corporation or other entity that is subject to the provisions of title 11, C.R.S.; or a sole proprietorship or other association or group of individuals doing business in the state.
(3) Every offense committed by a corporation prior to July 1, 1985, which would be a felony if committed by an individual shall subject the corporation to the payment of a fine of not less than one thousand dollars nor more than fifteen thousand dollars. For such offenses committed on or after July 1, 1985, the corporation shall be subject to the payment of a fine within the presumptive ranges authorized by section 18-1.3-401 (1)(a)(III). Every offense committed by a corporation which would be a misdemeanor, petty offense, or civil infraction if committed by an individual shall subject the corporation to the payment of a fine within the minimum and maximum fines authorized by sections 18-1.3-501 and 18-1.3-503 for the particular offense of which the corporation is convicted. For an offense committed on or after July 1, 2003, a business entity shall be subject to the payment of a fine within the presumptive ranges authorized by section 18-1.3-401 (1)(a)(III). An offense committed by a business entity that would be a misdemeanor, petty offense, or civil infraction if committed by an individual shall subject the business entity to the payment of a fine within the minimum and maximum fines authorized by sections 18-1.3-501 and 18-1.3-503 for the particular offense of which the business entity is convicted.
Source: L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-706. L. 85: (3) amended, p. 658, § 7, effective July 1. L. 2002: (3) amended, p. 1511, § 180, effective October 1. L. 2003: Entire section amended, p. 982, § 18, effective April 17. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3167, § 179, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1985–2025 · leading case:
In re People v. Hoskins, 2014 CO 70 (Colo. 2014).
In re People v. Hoskins, 2014 CO 70 (Colo. 2014).
· cites it 34× “He opined that under section 18-1-606, C.R.S. (2013), a corporation can only be held liable through the acts of a high managerial agent, such as Hoskins or Craveiro, but that Craveiro had testified that, as a practical matter, he had not managed the entity.”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002).
· cites it 2× “See § 18-1-606(1)(a), C.R.S.2000 (a corporation's commission of a crime may be based upon an omission to discharge a duty imposed by law).”
Blake v. King, 185 P.3d 142 (Colo. 2008).
· cites it 22× “he Ballot Title Setting Board (the "Title Board") with respect to setting of the title, ballot title, and submission clause for Proposed Initiative 2007-2008 #57 ("Initiative #57") (unofficially captioned by legislative staff, for tracking purposes, "Criminal and Civil Liability…”
People v. Nygren, 696 P.2d 270 (Colo. 1985).
· cites it 4× “Section 18-1-606 provides corporate liability for offenses “engaged in, authorized, solicited, requested, commanded, or knowingly tolerated” by “a high managerial agent” acting for the corporation.”
People v. T & S Leasing, Inc., 763 P.2d 1049 (Colo. 1988).
· cites it 2× “The corporation was indicted pursuant to section 18-1-606, 8B C.R.S. (1986), which provides: (1) A corporation is guilty of an offense if: [[Image here]] (b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated…”
Gehl Grp. v. Koby, 838 F. Supp. 1409 (D. Colo. 1993).
“(2) As used in this section, "agent” means any director, officer, or employee of a corporation, or any other person who is authorized to . act in behalf of the corporation or any other agent in a position of comparable authority with respect to the formulation of corporate…”
Ross v. Pub. Serv., 2025 COA 31 (Colo. Ct. App. 2025).
“4 Thus, even though business entities like corporations may be found guilty of criminal offenses just like natural persons, see § 18-1-606(1), (2)(b), C.R.S. 2024, the district court narrowly read “individual” not to include corporations.”
— Colo. Rev. Stat. § 18-1-606(1) — 2 cases
Blake v. King, 185 P.3d 142 (Colo. 2008).
“he Ballot Title Setting Board (the "Title Board") with respect to setting of the title, ballot title, and submission clause for Proposed Initiative 2007-2008 #57 ("Initiative #57") (unofficially captioned by legislative staff, for tracking purposes, "Criminal and Civil Liability…”
Ross v. Pub. Serv., 2025 COA 31 (Colo. Ct. App. 2025).
“4 Thus, even though business entities like corporations may be found guilty of criminal offenses just like natural persons, see § 18-1-606(1), (2)(b), C.R.S. 2024, the district court narrowly read “individual” not to include corporations.”
— Colo. Rev. Stat. § 18-1-606(1)(a) — 2 cases
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002).
“See § 18-1-606(1)(a), C.R.S.2000 (a corporation's commission of a crime may be based upon an omission to discharge a duty imposed by law).”
Blake v. King, 185 P.3d 142 (Colo. 2008).
“he Ballot Title Setting Board (the "Title Board") with respect to setting of the title, ballot title, and submission clause for Proposed Initiative 2007-2008 #57 ("Initiative #57") (unofficially captioned by legislative staff, for tracking purposes, "Criminal and Civil Liability…”
— Colo. Rev. Stat. § 18-1-606(1)(b) — 1 case
In re People v. Hoskins, 2014 CO 70 (Colo. 2014).
“He opined that under section 18-1-606, C.R.S. (2013), a corporation can only be held liable through the acts of a high managerial agent, such as Hoskins or Craveiro, but that Craveiro had testified that, as a practical matter, he had not managed the entity.”
— Colo. Rev. Stat. § 18-1-606(2)(a) — 2 cases
In re People v. Hoskins, 2014 CO 70 (Colo. 2014).
“He opined that under section 18-1-606, C.R.S. (2013), a corporation can only be held liable through the acts of a high managerial agent, such as Hoskins or Craveiro, but that Craveiro had testified that, as a practical matter, he had not managed the entity.”
Blake v. King, 185 P.3d 142 (Colo. 2008).
“he Ballot Title Setting Board (the "Title Board") with respect to setting of the title, ballot title, and submission clause for Proposed Initiative 2007-2008 #57 ("Initiative #57") (unofficially captioned by legislative staff, for tracking purposes, "Criminal and Civil Liability…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.