A legal term that refers to a culpable state of mind. In other words, scienter is a defendant's knowledge that an act or conduct is wrongful and intent to act despite this knowledge. Scienter is often an element of liability, including in most cases involving assertions of fraud. Where scienter is an element of a claim, courts require a showing that the defendant had knowledge that the alleged misconduct (which may include an action or statement) is wrong or illegal before issuing judgment or conviction.