2021 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 6 - Offenses Relating to Judicial and Other Proceedings
§ 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:
   1. Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
   2. 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.
   1. [ ] Tampering with physical evidence of a felony crime is a class 6 felony.
   2. Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor.

History. 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.

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.

Law reviews. For article, “Incriminating Evidence: What to do With a Hot Potato”, see 11 Colo. Law. 880 (1982). For article, “The Search for Truth Continued: More Disclosure, Less Privilege”, see 54 U. Colo. L. Rev. 51 (1982). For article, “The Search for Truth Continued, The Privilege Retained: A Response to Judge Frankel”, see 54 U. Colo. L. Rev. 67 (1982).

The tampering statute is intended to criminalize behavior that interferes with an official proceeding even if that behavior occurs before the proceeding is instituted. In this case, the defendant knew proceedings were “about to be instituted”, because the defendant was about to be taken into custody and had a controlled substance that would have been discovered upon a search incident to arrest. People v. Atencio, 140 P.3d 73 (Colo. App. 2005).

“Physical evidence” includes false affidavit presented to a grand jury. People v. Board, 656 P.2d 712 (Colo. App. 1982).

“Physical evidence” includes electronically stored documents or information. People v. Rieger, 2019 COA 14 , 436 P.3d 610.

Evidence sufficient for jury to infer that defendant believed official proceeding was about to be instituted against her. People v. Frayer, 661 P.2d 1189 (Colo. App. 1982), aff'd, 684 P.2d 927 (Colo. 1984).