The state accuses the defendant of having committed the offense of tampering with or fabricating physical evidence by making, presenting, or using a record, document, or thing that the defendant knew to be false.

Relevant Statutes

A person commits the offense of tampering with or fabricating physical evidence if, knowing that an investigation or official proceeding is pending or in progress, the person 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.

Definitions

Official Proceeding

“Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.

Knowing that an Investigation or Official Proceeding Is Pending or in Progress

A person knows that an investigation or official proceeding is pending or in progress if the person is aware that the investigation or proceeding is pending or in progress.

Intent to Affect the Course or Outcome of the Investigation or Official Proceeding

A person acts with intent to affect the course or outcome of an investigation or official proceeding if the person has the conscious desire to affect the course or outcome of an investigation or official proceeding.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], presented [insert specific evidence, e.g., a birth certificate];
2. the [insert specific evidence, e.g., birth certificate] was false;
3. the defendant knew that [insert specific type of investigation or proceeding, e.g., a murder investigation], an [investigation/official proceeding], was [pending/in progress];
4. the defendant had knowledge of the falsity of the [insert specific evidence, e.g., birth certificate]; and
5. the defendant had the intent to affect the course or outcome of the [investigation/official proceeding].

You must all agree on elements 1, 2, 3, 4 and 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of the five elements listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]