Penal Code · §37.09

Tampering with Physical Evidence

Elements

  • Knowing that an investigation or official proceeding is pending or in progress
  • A person
  • Alters, destroys, or conceals any record, document, or thing
  • With intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding

Penalty

Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).

Enhancements

Second-degree felony if the thing altered, destroyed, or concealed is a human corpse — 2 to 20 years TDCJ + up to $10,000 fine (§12.33). Class A misdemeanor for failing to report having found a human corpse.

Practice questions about Tampering with Physical Evidence

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