A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called scienter.
Scienter is a Latin term translated as “knowingly”. It is used in law to denote the commission of a crime or offense while being fully aware of its ‘wrongness’. For example, stealing money from a store while being aware of the criminality of the action, or selling drugs to kids with the knowledge that it is illegal..
Scienter is commonly used in tort law, to establish civil liability. It is also a standard for determining criminal guilt. The United States Code makes significant use of this scienter condition in establishing the guilt of an accused. But instead of the Latin term, it is written plainly as ‘knowingly’, or ‘actual knowledge’, or ‘known’.
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