A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to § 13-822 , the court may subject an enterprise to five times the maximum fine authorized by § 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:
1. The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.
2. The offense involved conduct that was malicious or wanton.
3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.
B. For the purposes of this section, an enterprise is deemed to have received notice if an officer, director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer, director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.
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