PL 215.40 Tampering with physical evidence Class E felony Link to CJI2d
§ 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 proceeding
or a prospective official proceeding, he (a) knowingly  makes,  devises  or
prepares  false  physical evidence, or (b) produces or offers such evidence
at such a proceeding knowing it to be false; or
  2.   Believing  that certain physical evidence is about to be produced or
used in an official proceeding or a prospective  official  proceeding,  and
intending to prevent such production or use, he suppresses it by any act of
concealment, alteration or destruction, or by employing force, intimidation
or deception against any person.
  Tampering with physical evidence is a class E felony.
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Subdivision Elements Lesser included offenses
PL 215.40(1)(a)
  • intent it be used in official proceeding
  • knowlingly makes... false physical evidence

LIO

PL 215.40(1)(b)
  • intent it be used in official proceeding
  • produces or offers evidence
  • knowing such evidence to be false

LIO

PL 215.40(2)-I
  • believing physical evidence to be used in official proceeding
  • intending to prevent production or use
  • suppresses physical evidence
  • by concealment, alteration or destruction

LIO

PL 215.40(2)-II
  • believing physical evidence to be used in official proceeding
  • intending to prevent production or use
  • suppresses physical evidence
  • by force, intimidation or deception

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by