- It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
- Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.