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Colorado criminal charge

Tampering with physical evidence in Colorado

Current through 2026 Colorado legislative session

Tampering with physical evidence is a criminal offense under Colorado law, defined by C.R.S. § 18-8-610. Its classification is not fixed: Colorado 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 C.R.S. § 18-8-610.

What is the penalty for tampering with physical evidence in Colorado?

Penalties for Tampering with physical evidence
PenaltyRangeBasisAuthority
Jail / prison12 months to 18 months (Tampering with physical evidence of a felony crime — Applies when the tampering concerns physical evidence of a felony crime.)presumptiveC.R.S. § 18-1.3-401
Fine1000 usd to 100000 usd (Tampering with physical evidence of a felony crime — Applies when the tampering concerns physical evidence of a felony crime.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision1 years to 1 years (Tampering with physical evidence of a felony crime — Applies when the tampering concerns physical evidence of a felony crime.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prisonup to 364 days (no statutory minimum) (Tampering with physical evidence of a misdemeanor crime — Applies when the tampering concerns physical evidence of a misdemeanor crime.)discretionaryC.R.S. § 18-1.3-501
Fineup to 1000 usd (no statutory minimum) (Tampering with physical evidence of a misdemeanor crime — Applies when the tampering concerns physical evidence of a misdemeanor crime.)discretionaryC.R.S. § 18-1.3-501

Applies to offenses on/after 2018-07-01.

How is tampering with physical evidence classified in Colorado?

The classification depends on the circumstances:

Classification variants for Tampering with physical evidence
VariantClassificationWhen it appliesStatute
Tampering with physical evidence of a felony crimeclass 6 felonyApplies when the tampering concerns physical evidence of a felony crime.18-8-610(3)(a)
Tampering with physical evidence of a misdemeanor crimeclass 1 misdemeanorApplies when the tampering concerns physical evidence of a misdemeanor crime.18-8-610(3)(b)

Common questions about tampering with physical evidence in Colorado

Is tampering with physical evidence a felony or a misdemeanor in Colorado?

It depends on the circumstances: tampering with physical evidence ranges from a class 1 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-8-610.

Tampering with physical evidence of a felony crime: class 6 felony (C.R.S. § 18-8-610(3)(a)) · Tampering with physical evidence of a misdemeanor crime: class 1 misdemeanor (C.R.S. § 18-8-610(3)(b))

What are the penalties for tampering with physical evidence in Colorado?

Penalties for tampering with physical evidence in Colorado depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.

Which Colorado statute covers tampering with physical evidence?

Tampering with physical evidence is governed by C.R.S. § 18-8-610 (Tampering with 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.