Tamper With or Fabricate Physical Evidence

Tampering with or Fabricating Physical Evidence under Texas Penal Code § 37.09 is a Third-Degree Felony punishable by 2 to 10 years in prison and a fine of up to $10,000. The statute prohibits altering, destroying, concealing, or fabricating any record, document, or physical item with the knowledge that an investigation or official proceeding is pending or in progress, and with the intent to impair the item's availability as evidence. Common examples include swallowing or flushing drugs during a traffic stop, wiping a phone, or falsifying records. The offense is elevated to a Second-Degree Felony when the evidence is a human corpse or when the defendant knows a capital felony investigation is underway.