scienter

noun

sci·​en·​ter

sī-ˈen-tər

1

: knowledge of the nature of one's act or omission or of the nature of something in one's possession that is often a necessary element of an offense

the scienter element constitutionally required for an obscenity statute

—Wall Dist. v. Newport News, 323 S.E.2d 75 (1984)

also : intent to engage in particular especially criminal conduct

a few environmental statutes…do away altogether with the need to prove scienter…requiring no proof of criminal intent whatsoever

—R. J. Kafin et al.

2

: a mental state in fraud (as securities fraud) that is characterized by an intent to deceive, manipulate, or defraud

Word History

Etymology

Latin, knowingly, from scient-, sciens, present participle of scire to know