Florida statute

Fla. Stat. § 918.13 — Tampering with or fabricating physical evidence

Current through 2025 Florida Statutes

Part of Chapter 918: Conduct of Trial, Florida Statutes.

Criminal charges under this statute

Tampering with or fabricating physical evidence

Full text of Fla. Stat. § 918.13

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 918.13Primary source, current through the 2025 Florida Statutes

(1) It is unlawful for any person, knowing that a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted, to:(a) Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity or availability in such proceeding or investigation; or(b) Make, present, or use any record, document, or other item, knowing it to be false. (2)(a) Except as provided in paragraph (b), a person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A person who violates subsection (1) relating to a criminal trial, proceeding, or investigation that relates to a capital felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.