The alteration, destruction, concealment, fabrication, or removal of physical evidence with intent to impair its availability, integrity or authenticity in an official proceeding or investigation, a distinct statutory offense in many jurisdictions alongside the related but separate offenses of witness tampering and jury tampering, which target interference with a person rather than with physical evidence itself. Documented conduct constituting evidence tampering includes destroying a document under investigation, planting evidence to falsely implicate another person, or altering a digital record, and the offense is frequently charged alongside a broader obstruction-of-justice count where an evidence-tampering act was part of a wider effort to impede a criminal investigation or prosecution.
Facts
Classification Code Typical PenaltyFine or imprisonment of not more than 20 years, or both (federal offense under 18 U.S.C. 1519) 1 Elements of OffenseKnowingly altering, destroying, mutilating, concealing, covering up, falsifying, or making a false entry in any record, document, or tangible object with intent to impede, obstruct, or influence a federal investigation or proper administration of a federal matter 1 Notable ExampleArthur Andersen LLP v. United States 2 Jurisdiction VariationPenalties for evidence tampering vary by jurisdiction and are determined by the applicable laws and the circumstances of the offense 2 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Sources
1. 18 U.S. Code 1519, Destruction, alteration, or falsification of records in Federal investigations and bankruptcy (Cornell LII)
Section title
Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
Penalty clause
shall be fined under this title, imprisoned not more than 20 years, or both
Opening clause
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States
View the Source2. Tampering with evidence (Wikipedia)
Examples of evidence spoliation
Arthur Andersen LLP v. United States
Legal consequences
Penalties for evidence tampering vary by jurisdiction and are determined by the applicable laws and the circumstances of the offense.
In Group: Tampering with Witnesses, Jurors and Evidence, Lead sentence
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority.
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