Which of the following is NOT an element of negligence?

Negligence is characterized by a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The elements of negligence include acting with due care, a breach of duty to act, and proof of damages resulting from that breach. Criminal intent, however, is not an element of negligence.

In cases of negligence, the focus is on the actions or inactions of the individual and whether those actions fell short of the required standard of care, leading to harm. Criminal intent involves a higher standard of wrongdoing that indicates a deliberate or intentional act that violates the law, which is distinct from the concept of negligence that typically involves unintentional harm. Therefore, the correct answer highlights that criminal intent is not necessary for establishing a case of negligence.