The tampering with or fabricating evidence statute declares it an offense to alter, destroy, or conceal a physical item with intent to affect its evidentiary value

Question

Court decisions treat these acts as three different forms of behavior and indicate that a charge under this statute must allege which of the three illegal acts occurred. Explain the difference between altering, destroying, or concealing an item of evidence.

Answer 1

According to Texas court decisions, an item is altered within the meaning of the statute when the item's form is changed without loss of its evidentiary value, as when a marijuana cigarette is torn apart. If the object is changed to the point of losing its value as evidence, the item has been destroyed. Burning of the clothing worn in a robbery would likely be viewed as destruction of evidence. An item is concealed when the offender engages in conduct to impair the ability of law enforcement authorities to discover the presence of the evidence. If an offender swallows illicit drugs, he is concealing the evidence. It bears noting that the offender need not be successful in altering, destroying, or concealing the evidence, only that he possesses the intent to do so.