2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 5 - Offenses Related to Judicial and Other Proceedings
§ 16-10-94. Tampering With Evidence

1. A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.
2. Nothing in this Code section shall be deemed to abrogate or alter any privilege which any person is entitled to claim under existing laws.
3. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years; provided, however, that any person who violates subsection (a) of this Code section involving the prosecution or defense of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a misdemeanor shall be guilty of a misdemeanor.

History. Code 1933, § 26-2510, enacted by Ga. L. 1974, p. 423, § 1; Ga. L. 2001, p. 982, § 1.

Law reviews.

For article, “Truth and Uncertainty: Legal Control of the Destruction of Evidence,” see 36 Emory L.J. 1085 (1987).

For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).