Ind. Code » Title 35
Indiana Code

Ind. Code § 35-41-2-3 (2025)

Liability of corporation, partnership, or unincorporated association

✓ 2025 Indiana Code: the 2026 session is not included
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     Sec. 3. (a) A corporation, limited liability company, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within the scope of his authority.

     (b) Recovery of a fine, costs (including fees), or forfeiture from a corporation, limited liability company, partnership, or unincorporated association is limited to the property of the corporation, limited liability company, partnership, or unincorporated association.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.5; P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.

 

Notes of Decisions
Cited in 5 cases, 1984–2008 · leading case: Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628 (Ind. Ct. App. 2008).
Sort: Relevance Newest Treatment
Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628 (Ind. Ct. App. 2008). · cites it 4× “Under Indiana Code section 35-41-2-3, a corporation may be held liable for an employee’s criminal acts “as long as the employee was acting within the scope of employment.”
Gomez v. Adams, 462 N.E.2d 212 (Ind. Ct. App. 1984). · cites it 2× “— (a) A corporation, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within the scope of his authority.”
Poling v. State, 740 N.E.2d 872 (Ind. Ct. App. 2000). · cites it 3× “2000) (holding that the accomplice liability statute, Ind.Code § 35-41-2-3, which allowed the "accessory" to be convicted of murder and the "principal" to be convicted of manslaughter, did not violate the Privileges and Immunities Clause of the Indiana Constitution).”
State v. Ziliak, 464 N.E.2d 929 (Ind. Ct. App. 1984). · cites it 2× “Indiana Code section 35-41-2-3. Our legislature has not provided for criminal prosecution of governmental entities.”
Knauer v. Jonathon Roberts Fin. Grp., Inc., 348 F.3d 230 (7th Cir. 2003). “Code § 34-24-3-1 and Ind.Code § 35-41-2-3(a) ("A corporation, limited liability company, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within…”
Ind. Code § 35-41-2-3(a): 2 cases
Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628 (Ind. Ct. App. 2008). “Under Indiana Code section 35-41-2-3, a corporation may be held liable for an employee’s criminal acts “as long as the employee was acting within the scope of employment.”
Knauer v. Jonathon Roberts Fin. Grp., Inc., 348 F.3d 230 (7th Cir. 2003). “Code § 34-24-3-1 and Ind.Code § 35-41-2-3(a) ("A corporation, limited liability company, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within…”
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.