Instruction 7.580, Criminal Model Jury Instructions for Use in the District Court

I. TAMPERING WITH RECORD, DOCUMENT, OR OTHER

OBJECT FOR USE IN AN OFFICIAL PROCEEDING

II. ATTEMPT TO TAMPER WITH RECORD, DOCUMENT, OR

OTHER OBJECT FOR USE IN AN OFFICIAL PROCEEDING

G.L. c. 268, § 13E

I. TAMPERING WITH RECORD, DOCUMENT, OR OTHER OBJECT

FOR USE IN AN OFFICIAL PROCEEDING

The defendant is charged with tampering with a record,

document, or other object for use in an official proceeding.

To prove the defendant guilty of this offense, the

Commonwealth must prove two elements beyond a reasonable doubt:

First: That the defendant altered, destroyed, mutilated, or

concealed a record, document or other object; and

Second: That the defendant did so with the intent to impair the

integrity or use of that record, document or other object in an official

proceeding.

The second element requires you to determine the defendant’s

intent. A person’s intent refers to their objective or purpose. You

may examine the defendant’s actions and words, and all of the

surrounding circumstances, to help you determine whether the

defendant had the intent to impair the integrity or use of the record,

document, or other object in an official proceeding.

An “official proceeding” includes a proceeding before a:

• (court),

• (grand jury),

• (state agency or commission, which relates to an alleged

violation of a criminal statute or the laws and regulations

enforced by the:

• (state ethics commission),

• (state secretary),

• (office of the inspector general),

• (office of campaign and political finance),

• (state agency or commission, which relates to an alleged

violation for which the attorney general may issue a civil

investigative demand.)

The Commonwealth does not have to prove that an official

proceeding was pending at the time. Likewise, the Commonwealth

does not have to prove that the record, document, or other object

would have been admitted into evidence at an official proceeding.

If the Commonwealth has proven both of the elements beyond a

reasonable doubt, you should return a verdict of guilty. If the

Commonwealth has failed to prove one or more of the elements

beyond a reasonable doubt, you must find the defendant not guilty.

II. ATTEMPT TO TAMPER WITH RECORD, DOCUMENT OR OTHER

OBJECT FOR USE IN AN OFFICIAL PROCEEDING

The defendant is charged with attempting to tamper with a

record, document, or other object for use in an official proceeding.

To prove that the defendant attempted to commit this offense, the

Commonwealth must prove two elements beyond a reasonable doubt:

First: That the defendant took an overt act toward altering,

destroying, mutilating, or concealing a record, document, or other

object; and

Second: That the defendant did so with the intent to impair the

integrity or use of that record, document, or other object in an official

proceeding, whether or not the proceeding was pending at that time.

To prove the first element, the Commonwealth must prove

beyond a reasonable doubt that the defendant took an overt act

toward altering, destroying, mutilating, or concealing a record,

document, or other object.

An overt act is some actual, outward, physical action, as

opposed to mere talk or planning. It is not enough that someone just

intends to commit a crime or talks about doing so. The overt act must

also be a step toward carrying out that crime. Preliminary

preparations to commit a crime are not enough.

To prove the second element, the Commonwealth must prove

beyond a reasonable doubt that the defendant did that overt act with

the intent to impair the integrity or use of the record, document, or

other object in an official proceeding, whether or not the proceeding

was pending at that time. A person’s intent refers to their objective or

purpose. You may examine the defendant’s actions and words, and

all of the surrounding circumstances, to help you determine whether

the defendant had the intent to impair the integrity or use of the

record, document, or other object in an official proceeding.

An “official proceeding” includes a proceeding before a:

• (court)

• (grand jury),

• (state agency or commission, which relates to an alleged

violation of a criminal statute or the laws and regulations

enforced by the:

• (state ethics commission),

• (state secretary),

• (office of the inspector general),

• (office of campaign and political finance),

• (state agency or commission, which relates to an alleged

violation for which the attorney general may issue a civil

investigative demand.)

The Commonwealth does not have to prove that an official

proceeding was pending at the time. Likewise, the Commonwealth

does not have to prove that the record, document, or other object

would have been admitted into evidence at an official proceeding.

If the Commonwealth has proven both elements beyond a

reasonable doubt, you should return a verdict of guilty. If the

Commonwealth has failed to prove one or more of the elements

beyond a reasonable doubt, you must find the defendant not guilty.