HomeMy WebLinkAbout130 - 11/02/1993 - AMENDING CITY CODE RELATING TO MISCELLANEOUS OFFENSES ORDINANCE NO. 130, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO
MISCELLANEOUS OFFENSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT the Chapter
17 of the Code of the City of Fort Collins is hereby amended by the addition of
three new Sections, to be numbered 17-4, 17-5 and 17-6, which Sections shall read
as follows:
Sec. 17-4. Accountability; behavior of another; complicity.
(a) A person is guilty of an offense described in this
Chapter committed by the behavior of another individual
if:
(1) Such person is made accountable for the conduct
of that other individual by the Section in this
Chapter which defines the violation or by any
other specific provision of this Code or other
ordinance of the City; or
(2) Such person acts with the culpable mental state
sufficient for the commission of the offense in
question and causes an innocent individual to
engage in such behavior. For the purpose of this
Subsection, "innocent individual " shall mean any
individual who is not guilty of the offense in
question, despite such individual 's behavior,
because of duress, legal incapacity, or
exemption, or because such individual was unaware
of the illegal nature of the conduct in question
or of the defendant's criminal purpose, or
because of any other factor which precludes the
mental state required for the commission of the
offense in question.
(b) A person is legally accountable as principal for the
behavior of another constituting an offense described in
this Chapter if, with intent to promote or facilitate
the commission of the offense, such person aids, abets,
or advises the other individual in planning or
committing the offense.
(c) It shall be an affirmative defense under Subsection (b)
of this Section, if prior to the commission of the
offense, the defendant terminated his or her efforts to
promote or facilitate its commission and either gave
timely warning to law enforcement authorities or gave
timely warning to the intended victim.
(d) In any prosecution for an offense in which criminal
liability is based upon the behavior of another, it is
no defense that the other person has not been prosecuted
for, or convicted of any offense based upon the behavior
in question or has been convicted of a different
offense, or the defendant belongs to a class of persons
who by definition of the offense is legally incapable of
committing the offense in an individual capacity.
Sec. 17-5. Criminal liability of corporations.
(a) A corporation is guilty of an offense if:
(1) The conduct constituting the offense consists of
an omission to discharge a specific duty of
affirmative performance imposed on corporations
by law; or
(2) The conduct constituting the offense is engaged
in, authorized, solicited, requested, commanded,
or knowingly tolerated by the board of directors
or by a high managerial agent acting within the
scope of his or her employment or on behalf of
the corporation.
(b) As used in this Section, "agent" means any director,
officer, or employee of a corporation, or any other
person who is authorized to act on behalf of the
corporation, and "high managerial agent" means an
officer of a corporation or any other agent in a
position of comparable authority with respect to the
formulation of corporate policy or the supervision in a
managerial capacity of subordinate employees.
Sec. 17-6. Criminal liability of an individual for corporate
conduct.
A person is criminally liable for conduct constituting an offense
which he or she performs or causes to occur in the name of or in
behalf of a corporation to the same extent as if that conduct were
performed or caused by him or her in his or her own name or on his
or her own behalf.
Secs. 17-7--17-20. Reserved.
Introduced, considered favorably on first reading, and ordered published
this 19th day of October, A.D. 1993, and to be presented for final passage o the
2nd day of November, A.D. 1993.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this =dayember, A 93.
'Mayor
ATTEST:
City Clerk