18 U.S. Code § 793 (f)

Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.

The law clearly discusses the mishandling of information related to the national defense. It does not say classified materials. Even if one is to believe Clinton could not identify a single email as containing classified materials, I see no grounds to support that she didn't know those emails contained information related to the national defense.

We now know that some of the emails contained on that server discussed drone strikes. Even if we grant Clinton didn't know future drone strikes were classified information, she certainly knew they were related to the national defense. And she stored them on her server anyway.

I am very disappointed in the FBI for not considering Clinton's knowledge of the information related to the national defense as part of its intent criteria.