- A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:
- Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
- Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
- “Physical evidence”, as used in this section, includes any article, object, document, record, or other thing of physical substance; except that “physical evidence” does not include a human body, part of a human body, or human remains subject to a violation of section 18-8-610.5.
- [ Editor’s note: This version of subsection (3) is effective until March 1, 2022.] Tampering with physical evidence is a class 6 felony.
(3) [ Editor’s note: This version of subsection (3) is effective March 1, 2022. ] (a) Tampering with physical evidence of a felony crime is a class 6 felony.
(b) Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor.
Source: L. 71: R&RE, p. 466, § 1. C.R.S. 1963: § 40-8-610. L. 89: (3) amended, p. 840, § 87, effective July 1. L. 2016: (2) amended, (SB 16-034), ch. 72, p. 191, § 2, effective September 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3201, § 302, effective March 1, 2022.
Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.