Del. P.J.I. Crim. No. 11.1269(1)b

TAMPERING WITH PHYSICAL EVIDENCE

11 Del.C. § 1269(1)b

In order to find Defendant guilty of Tampering with Physical Evidence, you

must find the State has proved the following three (3) elements beyond a

reasonable doubt:

(1) Defendant intended that physical evidence be used or introduced in a

pending or anticipated official proceeding;

(2) Defendant produced or offered false physical evidence at a proceeding;

and

(3) Defendant acted intentionally.

“Intentionally” means it was Defendant’s conscious objective or purpose to

produce or offer false physical evidence in the official proceeding.

"Official proceeding" means any action or proceeding conducted by or

before a legally constituted judicial, legislative, administrative or other

governmental agency or official, in which evidence or testimony of witnesses may

properly be received.

"Physical evidence" means any article, object, document, record or other

thing of physical substance which is, or about to be, produced or used as evidence

in an official proceeding.