Willfulness

Definition

A heightened criminal intent standard requiring the government to prove not only that a defendant committed an act, but that they knew the act was unlawful. Good-faith actors who genuinely believe their conduct is legal are protected from conviction even if they technically violated the law.

Examples

• •Under 18 U.S.C. § 924(a)(1)(D), a manufacturer who genuinely believed their product was not a regulated firearm cannot be convicted for selling it without a serial number, because the government cannot prove they willfully violated the law

Related Terms