4.408 — TAMPERING WITH EVIDENCE

Violations of "Statute 4.408" results in a Class A Misdemeanor (If the tampering is relatively minor or involves evidence related to a misdemeanor crime) or a Class F Felony (If the tampering involves serious crimes or significant evidence)

---

(a) Definitions

Tampering with evidence refers to the act of knowingly altering, destroying, concealing, or falsifying evidence with the intent to impair its availability or effectiveness in a legal proceeding or investigation. This includes:

• Destroying, hiding, or altering physical evidence to prevent its use in a criminal case.

• Falsifying records, documents, or electronic data in an attempt to mislead law enforcement or the courts.

• Intentionally changing or contaminating evidence to misrepresent the facts of a case.

(b) Elements

To establish the offense of tampering with evidence, the prosecution must prove beyond a reasonable doubt that:

1. The defendant knowingly altered, destroyed, concealed, or falsified evidence.

2. The defendant acted with the intent to impair the availability of the evidence in a criminal investigation, proceeding, or trial.

3. The evidence tampered with was material to the investigation or legal proceeding, and the tampering was done to influence the outcome of the case.

(c) Defenses

A person shall not be found guilty of tampering with evidence if:

• The defendant was not aware that the item in question was evidence related to an ongoing investigation or legal proceeding.

• The defendant acted under duress or coercion from another party.

• The defendant had no intent to alter or conceal the evidence but instead acted out of necessity, such as to prevent harm or danger to themselves or others.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining sentencing:

• The tampering was done in connection with a violent crime or a crime involving significant harm to others.

• The defendant has a prior history of similar offenses, such as obstruction of justice or evidence tampering.

• The defendant’s actions significantly delayed or obstructed the investigation, causing substantial harm to the legal process.

• The tampering involved the destruction of physical evidence that would have exonerated an innocent person or implicated the defendant.