Scienter - Definition - Law Dictionary Home Dictionary Definition scienter

scienter

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[Latin, knowingly, from scient- sciens, present participle of scire to know]
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 element constitutionally required for an obscenity statute "Wall Dist. v. Newport News, 323 S.E.2d 75 (1984)"]
;also
: intent to engage in particular esp. criminal conduct [a few environmental statutes…do away altogether with the need to prove …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