Our state laws make tampering with a witness a class C felony in R.C.W.9A.72.120. A conviction under this law is a gross misdemeanor. If the person does have a legal right or authority to take those actions, the conduct is not tampering with physical evidence.Īny “article, object, document, record, or other things of physical substance” can fall within the tampering with physical evidence statute. Presenting or offering physical evidence that the individual know is false.Īlso, the statute requires that the person who takes any of those actions must not have the legal right or authority to do those things.Trying to change the appearance or character of physical evidence by hiding, removing, altering, mutilating, or destroying the item or making the evidence unavailable for the official proceeding or.9A.72.150 as taking either of these actions when the individual has reason to believe that an official proceeding is going to take place soon or has already started: Our state law defines “tampering with physical evidence” in R.C.W. An Overview of Tampering with Physical Evidence Seattle criminal defense attorney can guide you through the stages of the criminal process and advise you on essential matters, like what is evidence tampering. Some people engage in evidence tampering without realizing the legal implications of this conduct. When a person gets accused of a crime, allegations of evidence tampering can mean additional criminal charges and penalties. Witnesses can provide testimonial evidence to the court. Effective January 1, 1998.There are two primary types of evidence tampering – tampering with physical evidence and with witnesses. (f) The use of force during the commission of any offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170. (e) Nothing in this section precludes the imposition of an enhancement for great bodily injury where the injury inflicted is significant or substantial. ![]() The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section. (d) Every person attempting the commission of any act described in subdivisions (a), (b), and (c) is guilty of the offense attempted without regard to success or failure of theĪttempt. ![]() All parties to such a transaction are guilty of a felony. (4) Where the act is committed by any person for pecuniary gain or for any other consideration acting upon the request of any other person. ![]() (3) Where the act is committed by any person who has been convicted of any violation of this section, any predecessor law hereto or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation of this section. (2) Where the act is in furtherance of a conspiracy. Property of any victim, witness, or any third person. (1) Where the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the (c) Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances: (3) Arresting or causing or seeking the arrest of any person in connection with that victimization. (2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof. (1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole orĬorrectional officer or prosecuting agency or to any judge. ![]() (b) Except as provided in subdivision (c), every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice. (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.Īttempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
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