PL 215.40 · Article 215

Tampering with Physical Evidence

This charge applies when you knowingly alter, remove, conceal, destroy or plant physical evidence with reason to believe it is needed in an official proceeding.

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What the prosecutor must prove

  • The item was physical evidence that might be needed in an official proceeding.
  • You altered, removed, concealed, destroyed or planted it.
  • You knew, or had reason to believe, it was needed in that proceeding.

Defenses that commonly apply

  • You had no reason to believe an official proceeding existed.
  • The item was not physical evidence in the legal sense.
  • You did not handle the item.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

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