Maxim 3.6.8
Without knowledge, intent cannot exist.
Sine scientia intentio esse non potest.
Source: Direct Sales Co. v. United States, 319 U.S. 703, 711; Weisman, 60m
Difficulty 2/5 — Approachable
Explanation
Intent presupposes knowledge of the relevant facts. One who is genuinely ignorant of a material circumstance cannot have formed the specific intent the law requires.
Where this applies
- A criminal defense argues the defendant lacked knowledge needed for intent.
- A person is charged with a crime but did not know the key facts that would make it criminal.
See also
Cite this maxim
NeCede Max. 3.6.8 — Without knowledge, intent cannot exist. — Direct Sales Co. v. United States, 319 U.S. 703, 711; Weisman, 60m (Sine scientia intentio esse non potest.)
Found an error? Suggest a correction →