Tampering

Tampering with Physical Evidence

Under Texas Penal Code § 37.09, a person commits tampering with physical evidence if they alter, destroy, or conceal any record, document, or thing with intent to impair its availability as evidence in an investigation or official proceeding. This is a 3rd degree felony (2–10 years) and is commonly charged when someone destroys evidence after being arrested or during a police investigation.

Tampering with a Witness

Tampering with a witness (§ 36.05) involves coercing, inducing, or persuading a witness to testify falsely, withhold testimony, or be absent from a proceeding. It is a 3rd degree felony (2–10 years) and is elevated to a 2nd degree felony if the underlying case is a capital felony or 1st degree felony.

Tampering with a Government Record

Tampering with a government record (§ 37.10) involves making a false entry in, altering, or destroying a government record. Depending on the type of record and the intent, this can range from a Class A misdemeanor to a 2nd degree felony.

Tampering with a Consumer Product

Tampering with a consumer product (§ 22.09) involves intentionally or knowingly contaminating a consumer product with the intent to cause serious bodily injury or death. This is a 2nd degree felony (2–20 years) and is elevated to a 1st degree felony if someone suffers serious bodily injury or death.

Potential Penalties

• › Tampering with evidence: 3rd degree felony (2–10 years
• › Tampering with witness: 3rd degree felony (2–10 years (enhanced if capital/1st degree case)
• › Tampering with government record: Class A misdemeanor to 2nd degree felony
• › Tampering with consumer product: 2nd degree felony (2–20 years

Possible Defenses

• › Lack of intent to impair evidence or obstruct justice
• › The item was not evidence in an investigation
• › You did not know an investigation was pending
• › Insufficient evidence of the tampering conduct
• › First Amendment protected activity (witness tampering)

Frequently Asked Questions