Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 61 (2026)

Individual liability for conduct on behalf of organization

✓ current as of May 2026
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1.  An individual is criminally liable for any conduct the individual performs in the name of an organization or in its behalf to the same extent as if it were performed in the individual's own name or behalf. Such an individual must be sentenced as if the conduct had been performed in the individual's own name or behalf.  
[PL 2007, c. 173, §15 (AMD).]
2.  If a criminal statute imposes a duty to act on an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable if the agent recklessly omits to perform the required act, and the agent must be sentenced as if the duty were imposed by law directly upon the agent.  
[PL 2007, c. 173, §15 (AMD).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2007, c. 173, §15 (AMD).
Notes of Decisions
Cited in 4 cases, 1977–2008 · leading case: State v. Placzek, 380 A.2d 1010 (Me. 1977).
State v. Placzek, 380 A.2d 1010 (Me. 1977). “17-A M.R.S.A. § 61(1), effective May 1, 1976, provides: “An individual is criminally liable for any conduct he performs in the name of an organization or in its behalf to the same extent as if it were performed in his own name or behalf.”
State of Maine v. Smith (Me. Super. Ct 2008). · cites it 3× “On June 7,2007, nearly a year after the Eagles Club entered its plea, Defendant was indicted for violation of 17-A M.R.S.A. § 953(1)(C). At hearing on April 15, 2008, Defendant conceded that he could have been charged individually upon indictment of the Eagles Club pursuant to…”
State of Maine v. Piacitelli (Me. Super. Ct 2008). · cites it 3× “At hearing on April IS, 2008, Defendant conceded that he could have been charged individually upon indictment of the Eagles Club pursuant to 17-A M.R.S.A. § 61. 1 1 § 61. Individual1iability for conduct on behalf of organization 1 The Defendant now moves to dismiss the action…”
State of Maine v. Brichetto (Me. Super. Ct 2008). · cites it 3× “At hearing on April 15, 2008, Defendant conceded that he could have been charged individually upon indictment of the Eagles Club pursuant to 17-A M.R.S.A. § 61. 1 1 § 61. Individual liability for conduct on behalf of organization 1 The Defendant now moves to dismiss the action…”
— Me. Rev. Stat. tit. 17-A, § 61(1) — 1 case
State v. Placzek, 380 A.2d 1010 (Me. 1977). “17-A M.R.S.A. § 61(1), effective May 1, 1976, provides: “An individual is criminally liable for any conduct he performs in the name of an organization or in its behalf to the same extent as if it were performed in his own name or behalf.”
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