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 investigation or official proceeding is pending or in progress, the person alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in 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 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 a 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., concealed a gun by hiding it];
2. the defendant knew that [a murder investigation/an investigation/an official proceeding] was [pending/in progress]; and
3. the defendant did this with the intent to impair the [verity/legibility/availability] of the [insert specific evidence, e.g., gun] as evidence in the [investigation/official proceeding].

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.]