PC §406 - TAMPERING WITH EVIDENCE
CLASS A MISDEMEANOR
(a) Definition
Tampering with evidence is the act of altering, destroying, concealing, or otherwise interfering with physical or electronic evidence, with the intent to obstruct, impair, or influence an ongoing investigation, legal proceeding, or criminal case.
(b) Elements of the Offense
The following elements must be met to constitute tampering with evidence:
The defendant altered, destroyed, concealed, or otherwise interfered with physical or electronic evidence.
The defendant acted with the intent to obstruct, impair, or influence an ongoing investigation, legal proceeding, or criminal case.
The evidence tampered with was relevant to the investigation, legal proceeding, or criminal case.
Types of Tampering
Tampering with evidence may include, but is not limited to, the following:
Destroying or disposing of physical items such as documents, weapons, or biological samples.
Altering or fabricating electronic records, emails, or digital media.
Concealing or hiding objects or materials that could be used as evidence.
(c) Defenses
(a) It shall be a defense to a charge of tampering with evidence if the defendant can prove that their actions were accidental, unintentional, or undertaken without knowledge of the ongoing investigation or legal proceeding.
(b) Lack of intent to obstruct, impair, or influence the investigation or legal proceeding may also serve as a defense if proven by the defendant.
(e) Aggravating Factors
Aggravating factors such as the defendant's prior knowledge of the investigation, the severity of the underlying offense, or the impact of the tampering on the investigation or legal proceeding may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
100 SECONDS OF JAIL TIME.
BOND SET
$10,000.00
Last updated