Legal Dictionary
Main Entry:
sci·en·terPronunciation:
sI-'en-t&rFunction:
nounEtymology: 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
scienter element constitutionally required for an obscenity statute —Wall Dist. v. Newport News, 323 South Eastern Reporter, Second Series 75 (1984)>; also : intent to engage in particular esp. criminal conduct scienter…requiring no proof of criminal intent whatsoever —Railroad J. Kafin et al.>
2 : a mental state in fraud (as securities fraud) that is characterized by an intent to deceive, manipulate, or defraud