Florida criminal charge
Tampering with or fabricating physical evidence in Florida
Tampering with or fabricating physical evidence is a criminal offense under Florida law, defined by Fla. Stat. § 918.13. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 918.13.
What is the penalty for tampering with or fabricating physical evidence in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Tampering with physical evidence — standard proceeding — Applies to a violation of subsection (1) except where the trial, proceeding, or investigation relates to a capital felony.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Tampering with physical evidence — standard proceeding — Applies to a violation of subsection (1) except where the trial, proceeding, or investigation relates to a capital felony.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Tampering with physical evidence — capital felony proceeding — Applies to a violation of subsection (1) when the criminal trial, proceeding, or investigation relates to a capital felony.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Tampering with physical evidence — capital felony proceeding — Applies to a violation of subsection (1) when the criminal trial, proceeding, or investigation relates to a capital felony.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is tampering with or fabricating physical evidence classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Tampering with physical evidence — standard proceeding | Felony of the Third Degree | Applies to a violation of subsection (1) except where the trial, proceeding, or investigation relates to a capital felony. | Fla. Stat. § 918.13(2)(a) |
| Tampering with physical evidence — capital felony proceeding | Felony of the Second Degree | Applies to a violation of subsection (1) when the criminal trial, proceeding, or investigation relates to a capital felony. | Fla. Stat. § 918.13(2)(b) |
Common questions about tampering with or fabricating physical evidence in Florida
Is tampering with or fabricating physical evidence a felony or a misdemeanor in Florida?
It depends on the circumstances: tampering with or fabricating physical evidence ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 918.13.
Tampering with physical evidence — standard proceeding: Felony of the Third Degree (Fla. Stat. § 918.13(2)(a)) · Tampering with physical evidence — capital felony proceeding: Felony of the Second Degree (Fla. Stat. § 918.13(2)(b))
What are the penalties for tampering with or fabricating physical evidence in Florida?
Penalties for tampering with or fabricating physical evidence in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers tampering with or fabricating physical evidence?
Tampering with or fabricating physical evidence is governed by Fla. Stat. § 918.13 (Tampering with or fabricating physical evidence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.