16-2-22. Criminal responsibility of corporations.

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

1. (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. (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.#

For the purposes of this Code section, the term:#

1. (1)

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

2. (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.#