Del. P.J.I. Crim. No. 11.1269(2)

TAMPERING WITH PHYSICAL EVIDENCE

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 believed physical evidence was about to be produced or used

in a pending or anticipated official proceeding;

(2) Defendant suppressed the physical evidence by concealment, alteration,

destruction; or by employing force, intimidation or deception against any person;

and

(3) Defendant intended to prevent production or use of the physical

evidence.

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

engage in tampering with physical evidence.

"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.