PL 215.40 · Article 215
Tampering with Physical Evidence
This statute covers alternative forms of evidence tampering: knowingly creating or presenting false physical evidence for official proceedings, or suppressing evidence believed about to be used in such proceedings. Each route requires its specified intent and knowledge or belief, which the prosecution must prove beyond a reasonable doubt.
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PL 215.40 · Original statutory wording; excerpts must be read together with the full section.
§ 215.40 Tampering with physical evidence.A person is guilty of tampering with physical evidence when:1. With intent that it be used or introduced in an official proceedingor a prospective official proceeding, he (a) knowingly makes, devises orprepares false physical evidence, or (b) produces or offers suchevidence at such a proceeding knowing it to be false; or2. Believing that certain physical evidence is about to be produced orused in an official proceeding or a prospective official proceeding, andintending to prevent such production or use, he suppresses it by any actof concealment, alteration or destruction, or by employing force,intimidation or deception against any person.Tampering with physical evidence is a class E felony.Read the full section at the New York State SenateIn everyday language
This statute covers alternative forms of evidence tampering: knowingly creating or presenting false physical evidence for official proceedings, or suppressing evidence believed about to be used in such proceedings. Each route requires its specified intent and knowledge or belief, which the prosecution must prove beyond a reasonable doubt.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The statutory routes are alternatives, not cumulative requirements; the prosecution must prove all elements of an applicable route beyond a reasonable doubt.
- False-evidence route: the person accused intended physical evidence to be used or introduced in an official or prospective official proceeding and either knowingly made, devised, or prepared false physical evidence, or produced or offered such evidence at such a proceeding knowing it was false.
- Suppression route: the person accused believed certain physical evidence was about to be produced or used in an official or prospective official proceeding and intended to prevent that production or use.
- For the suppression route, the person accused suppressed the evidence through concealment, alteration, or destruction, or by employing force, intimidation, or deception against any person; these methods are alternatives.
Defenses that commonly apply
- For a false-evidence allegation, what shows that the evidence was false and that the person accused knew it was false?
- What shows the required intent concerning an official or prospective official proceeding and, for suppression, the belief that the evidence was about to be produced or used?
- Did the person accused perform one of the specified acts of creating or presenting false evidence, or actually suppress evidence through a specified method?
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to $5,000.
Common questions about your defense
Is destroying an object enough by itself to prove evidence tampering?
The suppression alternative requires a belief that physical evidence is about to be produced or used in an official or prospective official proceeding and an intent to prevent that use or production. If destruction occurred without that belief or intent, it would not establish this alternative's required mental elements. The prosecution must prove every element of an applicable statutory alternative beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 215.57 · Class D Felony
PL 215.15 · Class E Felony
PL 215.50 · Class A Misdemeanor
PL 215.51 · Class E Felony
PL 215.52 · Class D Felony
PL 215.55 · Class A Misdemeanor
PL 215.56 · Class E Felony
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