ARS 13-305: Criminal liability of enterprises
The complete text of A.R.S. § 13-305 on criminal liability of enterprises, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-305 Sets Out
A.R.S. § 13-305 is the Arizona statute on criminal liability of enterprises. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. Notwithstanding any other provisions of law, an enterprise commits an offense if:
- The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or
- The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or
- The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and
Full Text of A.R.S. § 13-305
A. Notwithstanding any other provisions of law, an enterprise commits an offense if:
1. The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or
2. The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or
3. The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and
(a) The offense is a misdemeanor or petty offense; or
(b) The offense is defined by a statute which imposes criminal liability on an enterprise.
B. As used in this section:
1. “Agent” means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.
2. “High managerial agent” means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.
Source: Arizona Revised Statutes § 13-305, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
How § 13-305 Affects an Arizona Case
§ 13-305 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-305?
A.R.S. § 13-305 is the Arizona statute on criminal liability of enterprises. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-305?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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