---
title: O.C.G.A. § 16-2-22. Criminal responsibility of corporations.
collection: code
id: 16-2-22
cite_as: O.C.G.A. § 16-2-22 (2025)
canonical_url: https://georgiacommons.org/code/16-2-22
md_url: https://georgiacommons.org/code/16-2-22.md
text_url: https://georgiacommons.org/code/16-2-22/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch1-6-(v14)-2019-pdf.pdf?sfvrsn=af47a366_0#page=230
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-2.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / CRIMINAL LIABILITY / PARTIES TO CRIMES
---

# O.C.G.A. § 16-2-22. Criminal responsibility of corporations.

(a) A corporation may be prosecuted for the act or omission constituting a crime only if:

(1) The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or

(2) The commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation.

(b) For the purposes of this Code section, the term:

(1) ‘‘Agent’’ means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.

(2) ‘‘Managerial official’’ means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees.

## History

Code 1933, § 26-803, enacted by Ga. L. 1968, p. 1249, § 1.

## Cross References

Service of notice of filing of indictment, special presentment, or accusation against corporation, § 17-7-92.

## Law Reviews

For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For annual survey of cases concerning business associations, see 39 Mercer L. Rev. 53 (1987). For article, ‘‘Individual Accountability for Corporate Crime,’’ see 34 Ga. St. U. L. Rev. 335 (2018).