Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
Texas Codes

Tex. Penal Code § 7.23 (2026)

Criminal Responsibility Of Person For Conduct In Behalf Of Corporation, Association, Limited Liability Company, Or Other Business Entity

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Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY. (a) An individual is criminally responsible for conduct that the individual performs in the name of or in behalf of a corporation, an association, a limited liability company, or another business entity to the same extent as if the conduct were performed in the individual's own name or behalf.

(b) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, an association, a limited liability company, or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent.

(c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, an association, a limited liability company, or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 2, eff. September 1, 2019.

Notes of Decisions
Cited in 14 cases, 1987–2019 · leading case: Coleman v. State, 131 S.W.3d 303 (Tex. App. 2004).
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Coleman v. State, 131 S.W.3d 303 (Tex. App. 2004). · cites it 2× “See Tex. Pen.Code Ann. § 7.23 (Vernon 2003). Appellant's second and eighth points of error are overruled.”
Crum v. State, 946 S.W.2d 349 (Tex. App. 1997). · cites it 4× “Tex. Penal Code Ann. § 7.23 (a). If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation or association, he is subject to the sentence authorized by law for an individual convicted of the offense.”
Ex Parte Chambers, 898 S.W.2d 257 (Tex. 1995). · cites it 2× “1984); TEX.PENAL CODE § 7.23. In that situation, the penalties for the wrongful deeds can be imposed on the corporation, the individual, or both.”
Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018). “3d at 203 (quoting Tex. Penal Code § 7.23(a) ) (emphasis added).”
Hefner v. State, 735 S.W.2d 608 (Tex. App. 1987). · cites it 2× “" Tex. Penal Code Ann. § 7.23 (a) (Vernon 1974) (emphasis added).”
Westfall v. State, 10 S.W.3d 85 (Tex. App. 1999). · cites it 2× “See Tex. Pen.Code Ann. § 7.23 (Vernon 1994). Because of his managerial responsibilities, Gist conceivably could be deemed a "high managerial agent" of the partnership.”
Johnson v. State, 513 S.W.3d 190 (Tex. App. 2016). “’ ”); see also Tex. Penal Code Ann. § 7.23 (a) (West 2011) (“An individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.”
Sabine Consol., Inc. v. State, 816 S.W.2d 784 (Tex. App. 1991). · cites it 2× “For his part, Tantillo alleges that Tex.Pen.Code Ann. § 7.23, which imposes liability on corporate agents, is unconstitutionally vague as applied to him.”
Ex Parte Canady, 140 S.W.3d 845 (Tex. App. 2004). · cites it 2× “Tex. Pen.Code Ann. § 7.23. Accordingly, our interpretation of a violation is consistent with other code sections applying criminal liability.”
William Curtis Jones v. State (Tex. App. 2019). · cites it 2× “” Tex. Penal Code Ann. § 7.23 (a) (West 2011).”
in Re Nat. Gas Consulting & Measurement, LLC & J.P. Davis, Relators (Tex. App. 2018). “23(a) (West 2011) (stating that "[a]n individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.”
Thomas Freeman v. State (Tex. App. 2014). “” TEX. PENAL CODE ANN. § 7.23(a) (Vernon 2011).”
Show all 14 citing cases →
— Tex. Penal Code § 7.23(a) — 6 cases
Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018). “3d at 203 (quoting Tex. Penal Code § 7.23(a) ) (emphasis added).”
Ex Parte Canady, 140 S.W.3d 845 (Tex. App. 2004). “Tex. Pen.Code Ann. § 7.23. Accordingly, our interpretation of a violation is consistent with other code sections applying criminal liability.”
in Re Nat. Gas Consulting & Measurement, LLC & J.P. Davis, Relators (Tex. App. 2018). “23(a) (West 2011) (stating that "[a]n individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.”
William Curtis Jones v. State (Tex. App. 2019). “” Tex. Penal Code Ann. § 7.23 (a) (West 2011).”
Thomas Freeman v. State (Tex. App. 2014). “” TEX. PENAL CODE ANN. § 7.23(a) (Vernon 2011).”
— Tex. Penal Code § 7.23(b) — 1 case
Sabine Consol., Inc. v. State, 816 S.W.2d 784 (Tex. App. 1991). “For his part, Tantillo alleges that Tex.Pen.Code Ann. § 7.23, which imposes liability on corporate agents, is unconstitutionally vague as applied to him.”
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