Offenses Against the State and Public Justice

ORS 162.295
Tampering with physical evidence

(1)

A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person:

(a)

Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or

(b)

Knowingly makes, produces or offers any false physical evidence; or

(c)

Prevents the production of physical evidence by an act of force, intimidation or deception against any person.

(2)

Tampering with physical evidence is a Class A misdemeanor. [1971 c.743 §204]

Notes of Decisions

Defendant, who damaged own property but filed police report alleging that defendant’s ex-boyfriend damaged property on day before scheduled hearing to continue defendant’s restraining order against ex-boyfriend, cannot be convicted under this section. State’s inference that defendant destroyed property with hope that ex-boyfriend would be cited with contempt of restraining order does not amount to defendant having knowledge that official proceeding regarding contempt citation is about to be instituted, as required by this section. State v. Austin, 265 Or App 140, 333 P3d 1224 (2014)

Evidence that defendant knew that defendant was under arrest was sufficient to permit reasonable inference that defendant swallowed marijuana with “knowledge” that official proceeding was about to be instituted. State v. Jacobs, 276 Or App 453, 369 P3d 82 (2016)

Source

Last accessed
May 26, 2023

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