The state accuses the defendant of having committed the offense of tampering with or fabricating physical evidence.

Relevant Statutes

A person commits the offense of tampering with or fabricating physical evidence if, 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 or official proceeding related to that offense.

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 Offense Has Been Committed

A person knows that an offense has been committed if the person is aware that an offense has been committed.

Intent to Impair the Verity, Legibility, or Availability of a Record, Document, or Thing as Evidence in the Investigation or Official Proceeding

A person acts with intent to impair the verity, legibility, or availability of the record, document, or thing as evidence in the investigation or official proceeding if the person has the conscious desire to impair the verity, legibility, or availability of the record, document, or thing as evidence in an investigation or official proceeding.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], [insert specific allegations, e.g., altered a birth certificate];
2. the defendant knew an offense had been committed; and
3. the defendant intended to impair the [veracity/legibility/availability] of the [insert specific evidence, e.g., birth certificate] as evidence in any subsequent [investigation/official proceeding] related to the offense.

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

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of the three 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 three 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.]