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(a) An officer, agent or employee of an organization may be prosecuted for an offense committed by such organization if he or she acts with the kind of culpability required for the commission of the offense and any of the following applies:
(1) In the name of the organization or in its behalf he or she 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 or she has direct responsibility;
(2) He or she 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 or she is subject to the same penalty as if he or she had acted in his or her own behalf.