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Delaware Code Title 11. Crimes and Criminal Procedure § 281. Criminal liability of organizations

Current as of January 01, 2026 | Updated by Findlaw Staff

An organization is guilty of an offense when:

(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law;  or

(2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the organization;  or

(3) The conduct constituting the offense is engaged in by an agent of the organization while acting within the scope of employment and in behalf of the organization and:

a. The offense is a misdemeanor or a violation;  or

b. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an organization.

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 281. Criminal liability of organizations - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-281/

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