Felony Offenses in the Texas Penal Code

Austin Criminal Lawyer


Federal Defense Attorney

Texas Penal Code, Section 37.09 - Tampering with or Fabricating Physical Evidence

CHAPTER 37. PERJURY AND OTHER FALSIFICATION

        § 37.09.  TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
        (a)  A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
                (1)  alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding;  or
                (2)  makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
        (b)  This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding.
        (c)  An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree.  An offense under Subsection (d)(2) is a Class A misdemeanor.
        (d)  A person commits an offense if the person:
                (1)  knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense;  or
                (2)  observes human remains under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the remains, and fails to report the existence of and location of the remains to a law enforcement agency.

NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the state of Texas, please contact us at (512) 478-0758 or fill out a brief case questionnaire.