Colorado law makes it a crime to tamper with physical evidence. This means to alter, destroy, conceal, or falsify physical evidence so as to prevent it from being available at an upcoming official proceeding.

• Tampering with evidence of a felony crime is a class 6 felony, punishable by up to 18 months in prison and a fine of up to $100,000.
• Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor, punishable by up to 364 days in jail and up to $1,000 in fines.

The language of the statute reads as follows:

18-8-610. Tampering with physical evidence

(1) 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:

(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or

(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.

(2) “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.

(3) Tampering with physical evidence is a class 6 felony.

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. What is tampering?
• 2. What is “physical evidence”?
• 3. What are the penalties?
• 4. Related Offenses

In Colorado, altering or destroying physical evidence that may be used in an official proceeding is criminal tampering.

1. What is tampering?

Tampering with evidence involves destroying, altering, or removing evidence that may be used in an official proceeding, such as a criminal trial. When the defendant believes that an official proceeding is pending or about to be instituted, tampering includes:

• Destroying, mutilating, concealing, removing, or altering physical evidence with the intent to impair its verity or availability in an official proceeding; or
• Making, presenting, or offering any false or altered physical evidence with the intent that it be used in an official proceeding.¹

An official proceeding generally refers to court proceedings, including civil or criminal trials. It may also include an

• arraignment,
• administrative hearing,
• grand jury proceeding,
• juvenile delinquency case,
• legislative hearing,
• arbitration, or
• other governmental agency hearing.

There may be a number of reasons why someone would want to alter evidence. A defendant facing criminal charges may want to destroy any evidence of their criminal activity. Alternatively, someone may want to implicate another for a crime they did not commit, and alter or plant false evidence to be used against him or her in court.

2. What is “physical evidence”?

“Physical evidence,” is defined as any

• article,
• object,
• document,
• record, or
• thing of physical substance.

However, physical evidence does not include parts of the human body or human remains.²

Physical evidence may include electronic records, videos, or audio recordings. This includes emails, text messages, social media messages, image files, video files, and computer files.

3. What are the penalties?

Tampering with physical evidence of a felony crime is a class 6 felony, punishable by

• 12 to 18 months in prison and/or
• a fine of $1,000 to $100,000.

There is also a mandatory 1-year parole period.

Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor, punishable by

• up to 364 days in jail and/or
• up to $1,000 in fines.³

4. Related Offenses

Witness Tampering C.R.S. 18-8-707

Tampering with a witness involves attempts to get a witness to withhold testimony, testify falsely, or be absent from an official proceeding. Tampering with a witness is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.

Bribing a Juror C.R.S. 18-8-606

Bribing a juror involves offering or agreeing to offer money or any other benefit to a juror to influence the juror’s vote or opinion. Bribing a juror is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.

Bribing a Witness C.R.S. 18-8-703

In Colorado, offering money or other benefits to a witness or victim of a crime to influence their decisions is bribing a witness. Bribing a witness is a felony. The penalties for bribery of a witness or victim includes up to 6 years in prison and a fine of up to $500,000.

Additional Reading…

Also see our general article on tampering laws in Colorado, government-related Colorado crimes, and police misconduct.

In California? See our article on destroying concealing evidence (135 PC).

For similar accusations in Nevada, please see our article on “Nevada ‘Destroying Evidence’ Laws (NRS 199.220).”

Legal References