Knowingly

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Knowingly

Consciously; willfully; subject to complete understanding of the facts or circumstances.

According to provisions contained in the Model Penal Code, an individual is deemed to have acted knowingly in regard to a material element of an offense when: in the event that such element involves the nature of his or her conduct or the circumstances attendant thereto, he or she is aware that the conduct is of such nature or that those circumstances exist; if the element relates to a result of the person's conduct, he or she is conscious of the fact that it is substantially certain that the conduct will precipitate such a result.

When the term knowingly is used in an indictment, it signifies that the defendant knew what he or she was going to do and, subject to such knowledge, engaged in the act for which he or she was charged.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

KNOWINGLY, pleadings. The word knowingly," or "well knowing," will supply the place of a positive averment in an indictment or declaration, that the defendant knew the facts subsequently stated; if notice or knowledge be unnecessarily stated, the allegation may be rejected as surplusage. Vide Com. Dig. Indictment, G 6; 2 Stra. 904; 2 East, 452; 1 Chit. Pl. *367; Vide Scienter.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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