Latin term to describe a criminal defendant’s mental awareness and active willingness to commit a crime
Scienter demonstrates both a willingness to commit a crime and a corresponding act in furtherance of the crime.
Whether it’s grand larceny or petty theft, the prosecution must prove the defendant was aware of the wrongfulness of their conduct.
Not all crimes require scienter. Matters like statutory rape have no scienter requirement whatsoever. The defendant in a statutory rape case is criminally liable under a theory of strict liability.
