Which element is NOT required to prove a case of intentional infliction of emotional distress?

In the context of intentional infliction of emotional distress, the element that is not required is proof of criminal intent. To establish a case of intentional infliction of emotional distress, the plaintiff must demonstrate several key elements, including the occurrence of emotional injury, intent to cause emotional injury, and conduct that is deemed outrageous or extreme.

While emotional injury is critical to substantiate the claim, it emphasizes the necessity for the emotional harm to be severe and provable. Intent is essential as it indicates that the defendant acted with the purpose of causing emotional harm or with reckless disregard for the likelihood of causing such distress. The outrageous conduct standard requires that the behavior be so extreme and outrageous that it goes beyond the bounds of decency.

Proof of criminal intent, however, is not a requirement. This means that the defendant's actions do not have to meet the legal standards of criminality; rather, the focus is purely on the severity of their conduct and its impact on the plaintiff. Thus, the absence of a need to show criminal intent distinguishes the nature of intentional infliction of emotional distress from other legal claims that may involve criminal conduct.