New York statute
N.Y. Penal Law § 215.40 — Tampering with physical evidence
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 215: Other Offenses Relating to Judicial and Other Proceedings, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 215.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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 sources
Legal terms used in this section
This reference is informational and is not legal advice.