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RCW 9A.08.030: Entity and Personal Liability Explained

RCW 9A.08.030 is a critical statute in Washington State law that delineates the circumstances under which entities and their agents can be held criminally liable. This law is essential for businesses and individuals in positions of authority within these entities to understand their responsibilities and the potential legal ramifications of their actions.

Key Definitions

The statute begins by defining key terms crucial to its interpretation:

  1. Agent: This term refers to any director, officer, or employee of an entity, or any person authorized to act on behalf of the entity.
  2. Entity: Includes any domestic entity formed under Titles 23, 23B, 24, or 25 RCW, or any foreign business entity governed by the laws of another jurisdiction.
  3. Governor: As defined in RCW 23.95.105, a governor is an individual with significant authority in the entity.
  4. High Managerial Agent: Refers to a governor or a person in a comparable position of authority within an entity not governed by chapter 23.95 RCW, and any agent managing subordinate employees.

Entity Liability

An entity can be found guilty of an offense under the following conditions:

  1. Omission of Duty: The offense involves failing to discharge a specific duty imposed by law.
  2. Actions by High Managerial Agent: The offense is committed, authorized, solicited, requested, commanded, or tolerated by a high managerial agent acting within their duties.
  3. Actions by Other Agents: The offense is committed by an agent within their scope of duties and:
    • The offense is a gross misdemeanor or misdemeanor.
    • The statute clearly indicates intent to impose criminal liability on the entity.

Personal Liability

Individuals acting on behalf of an entity can also be held personally liable:

  1. Direct Offense: A person performing an offense in the name of or on behalf of an entity is liable as if the conduct were performed personally.
  2. Duty to Act: Any agent who knows they have primary responsibility for discharging a legal duty imposed on the entity is liable for:
    • Reckless Omission: If they fail to perform the required act.
    • Criminally Negligent Omission: If a high managerial agent fails to perform the required act.

Enforcement and Penalties

Entities violating provisions of RCW 9A.28.040 will forfeit their right and franchise to do business in Washington State. The Attorney General is responsible for initiating and conducting all necessary actions and proceedings to enforce this provision.

Conclusion

RCW 9A.08.030 serves as a foundational legal framework ensuring entities and their agents adhere to their responsibilities under the law. Understanding this statute is vital for business leaders and legal professionals to navigate the complexities of entity and personal liability, safeguarding both the entity and its representatives from potential legal issues.

You can read the text of RCW 9A..08.030 here: https://app.leg.wa.gov/RCW/default.aspx?cite=9A.08.030

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