Legal Definition of scienter
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
Origin and Etymology of scienter
Latin, knowingly, from scient- sciens, present participle of scire to know
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