Generally "scienter" is legal/Latin for having some basic understanding that what one is doing, will do or has done, is wrong in some way. So an example would including holding a loaded gun by the trigger with the safety off pointed at a person knowing that if it fires the person could be killed. It is usually associated with criminal conduct because most classic crimes require both a required mental state of mind ("mens rea") and co-incident action ("actus reus"). That's where you get the differences between murder and manslaughter, for example, because the mental state is considered different. But scienter can apply to a tortious wrongdoing as well, such as an intentional tort like assault and battery (which is usually also a crime, by the way).