(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) (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.
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.
