Ala. Pattern Jury Instr. (Criminal) 13A-10-129

Tampering with Physical Evidence

The defendant is charged with tampering with physical evidence.

A person commits the crime of tampering with physical evidence if, be lieving that

an official proceeding is pending or may be instituted, and acting without legal right or

authority, he/she [read as appropriate]:

(1) Destroys, mutilates, conceals, removes or alters physical evidence with

intent to impair its use, verity or availability in the pending or prospective

official proceeding; (OR)

(2) Knowingly makes, presents or offers any false physical evidence with intent

that it be introduced in the pending or prospective official proceeding.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant believed that an official proceeding was pending or might be

instituted [describe];

(2) The defendant acted without legal right or authority; (AND)

(3) The defendant [read as appropriate]:

(a) Destroyed, mutilated, concealed, removed or altered physical

evidence [describe], with intent to impair its use, verity or availability

in the pending or prospective official proceeding; (OR)

(b) Knowingly made, presented or offered false physical evidence

[describe], with intent that it be introduced in the pending or

prospective official proceeding.

Official proceeding is any proceeding heard before any legislative, judicial,

administrative or other government agency or official authorized to hear evidence under

oath. [13A-10-100(b)(5)]

Physical evidence includes any article, object, document, record or other thing of

physical substance. [13A-10-129(b)]

[Read as appropriate] : A person acts intentionally with respect to a result or to

conduct described by a statute defining an offense when his/her purpose is to cause that

result or to engage in that conduct. [13A-2-2(1)] (OR)

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that nature

or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of tampering with physical evidence, then you shall find the

defendant guilty of tampering with physical evidence.

If you find that the State has failed to prove any one or more of the elements of

tampering with physical evidence, then you cannot find the defendant guilty of tampering

with physical evidence.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]

[Approved 6-17-16.]