Scienter Legal Meaning and Definition

Here is a simplified definition of the legal term Scienter.

Scienter (n): A legal term derived from Latin, 'Scienter' means 'having knowledge'. It is used in law to represent a defendant's level of awareness about the illegality or wrongdoing of his or her actions at the time of the crime. If a person mistakenly takes something that isn't theirs, thinking it was their own property, they may not have 'scienter' because they did not knowingly commit an illegal act.