Which of the following is NOT a necessary element for establishing liability for intentional infliction of emotional distress?

In establishing liability for intentional infliction of emotional distress, the necessary elements include extreme and outrageous conduct by the defendant, severe emotional distress experienced by the plaintiff, and intent to cause distress or recklessness regarding its likelihood. The element that is not required is that the defendant's conduct must be criminal.

This is because intentional infliction of emotional distress is a tort claim focused on the behavior and the impact it has on the victim, rather than the criminality of the actions involved. While extreme and outrageous conduct and the resulting emotional distress are crucial to the claim, the law does not require that the conduct in question comply with criminal statutes. Hence, a defendant can be liable for this tort even if their behavior does not constitute a crime. This distinction allows for greater protection against harmful conduct that may not rise to the level of criminality yet still causes significant psychological harm to a person.