Tampering With or Faricating Physical Evidence

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Normally, tampering or fabricating physical evidence is a third degree felony, unless it is done by altering, destroying, or concealing a human corpse, in which case it's a second degree felony. Simply failing to report a human corpse that one knows or should know is the evidence of a crime is a class A misdemeanor.

Statute(s)

§ 37.09. TAMPERING WITH OR FABRICATING PHYSICAL
EVIDENCE. (a) A person commits an offense if, knowing that an
investigation or official proceeding is pending or in progress, he:
(1) 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; or
(2) makes, presents, or uses any record, document, or
thing with knowledge of its falsity and with intent to affect the
course or outcome of the investigation or official proceeding.
(b) This section shall not apply if the record, document, or
thing concealed is privileged or is the work product of the parties
to the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is
a felony of the third degree, unless the thing altered, destroyed,
or concealed is a human corpse, in which case the offense is a
felony of the second degree. An offense under Subsection (d)(2) is a
Class A misdemeanor.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed,
alters, destroys, or conceals any record, document, or thing with
intent to impair its verity, legibility, or availability as
evidence in any subsequent investigation of or official proceeding
related to the offense; or
(2) observes a human corpse under circumstances in
which a reasonable person would believe that an offense had been
committed, knows or reasonably should know that a law enforcement
agency is not aware of the existence of or location of the corpse,
and fails to report the existence of and location of the corpse to a
law enforcement agency.
(e) In this section, "human corpse" has the meaning assigned
by Section 42.08.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 565, § 4, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 1284, § 1, eff. Sept. 1, 1997.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 287, § 1, eff. September 1,
2007.