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(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of his office or employment.
(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
(d) As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(ORC 2901.23)
(a) An officer, agent or employee of an organization as defined in Section 501.11 may be prosecuted for an offense committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any of the following apply:
(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;
(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(b) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf.
(ORC 2901.24)
(b) This victim notification requirement is consistent with and in addition to notification required by Ohio Revised Code Chapter 2930.
(c) In addition, in the event that a death occurs as the result of actions by a person charged and prosecuted with a traffic offense within the City of Lakewood, the law department of the City of Lakewood shall, to the extent practicable, notify the victim’s family or representative of the charge or charges brought against the defendant, the appropriate court dates, and the disposition of the charges. If no charge or charges result from the death, then the victim’s family or representative shall be so notified.
(d) The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency. (Ord. 150-02. Passed 12-16-02.)
(a) Whoever is convicted of or pleads guilty to a misdemeanor shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section:
Classification of Misdemeanor | Maximum Term of Imprisonment | Maximum Fine |
First degree | 6 months | $1,000.00 |
Second degree | 90 days | 750.00 |
Third degree | 60 days | 500.00 |
Fourth degree | 30 days | 250.00 |
Minor | No imprisonment | 150.00 |
(ORC 2929.28)
(b) Regardless of the penalties provided in subsection (a) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor | Maximum Fine |
First degree | $5000.00 |
Second degree | 4000.00 |
Third degree | 3000.00 |
Fourth degree | 2000.00 |
Minor | 1000.00 |
Misdemeanor not specifically classified | 2000.00 |
Minor misdemeanor not specifically classified | 1000.00 |
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this subsection (b).
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this subsection (b), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.
(3) This subsection (b) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 501.11, either in addition to or in lieu of a fine imposed pursuant to this subsection (b).
(Ord. 68-04. Passed 6-7-04.)