Penal Law § 215.40

Tampering with physical evidence · as in force on May 31, 2026

§ 215.40 Tampering with physical evidence.

A person is guilty of tampering with physical evidence when:

1. With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false; or

2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.

Tampering with physical evidence is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/215.40

In plain English

A person tampers with physical evidence in either of two ways:

(1) intending it to be used in an official proceeding or a prospective official proceeding, (a) knowingly making, devising, or preparing false physical evidence, or (b) producing or offering such evidence at the proceeding knowing it is false; or
(2) believing physical evidence is about to be produced or used in an official or prospective official proceeding, and intending to prevent that, suppressing it by concealing, altering, or destroying it, or by using force, intimidation, or deception against any person. ★

The offense is a class E felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.