Criminal defense across Denton County and Collin County
Tampering or Fabricating Physical Evidence
Chapter 37 of the Texas Penal Code defines offenses relating to perjury and other falsification.
“Tampering or Fabricating Physical Evidence,” as per § 37.09 of the Texas Penal Code, occurs when A) a person, knowing that an investigation or official proceeding is pending or in progress:
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
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.
Or B), 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.
An offense under A) & B)1) is a third degree felony, unless the thing that is altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under B) 2) is a Class A misdemeanor.
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Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years
Chapter 37 of the Texas Penal Code defines offenses relating to perjury and other falsification. “Tampering or Fabricating Physical Evidence”, as per § 37.09 of the Texas Penal Code, occurs when A) a person, knowing that an investigation or official proceeding is pending or in progress: 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 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.
An offense under A) & B)1) is a third degree felony, unless the thing is altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree.
Punishment Range Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
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