I think the intent came when she set up the private server in her basement. Not every government employee does that.
But that is the excuse the DoJ will use for not prosecuting her: There was no ‘criminal intent’ so no action will be taken.
Remember, the Lords of the Beltway are not judged by the same laws as the rest of us.
I think that intent or no intent, there is now unknown information in unknown hands particularly as regards the Department of State and that that alone disqualifies the then Secretary of State from ever holding any government office again.