Tampering With or Fabricating Physical Evidence
Destroying, concealing, altering, removing, making, presenting, or using evidence to impair an investigation or proceeding.
Florida Statute
§ 918.13
Tampering with or fabricating physical evidence
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Confirm knowledge that a qualifying investigation or proceeding was pending or about to begin and the specific intent or knowledge required by the selected conduct track.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
General Track
F.S. § 918.13(2)(a)
Tampering with or fabricating physical evidence in a qualifying matter not involving a capital felony.
Capital-Felony Matter
F.S. § 918.13(2)(b)
Evidence conduct relating to a trial, proceeding, or investigation involving a capital felony.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant knew a qualifying trial, proceeding, or investigation was pending or about to be instituted.
Plain language: Prove knowledge of a pending or imminent qualifying matter.
- Element 2OR — Alternative
One evidence-tampering track
The defendant either altered, destroyed, concealed, or removed a record, document, or thing to impair its verity or availability; or knowingly made, presented, or used a false record, document, or thing. A capital-felony relationship must be proven for the enhanced track.
Plain language: Prove one conduct-and-mental-state track.
Jury Instructions
Jury Instructions
Instruction 21.8
Tampering With or Fabricating Physical Evidence
Florida Standard Jury Instruction for the tampering and fabricating tracks under F.S. § 918.13, including the capital-felony finding when charged.
View Official InstructionVerified against the official instruction source: September 14, 2026
Additional Notes
Additional Notes
Purpose and Knowledge
Preserve facts showing why the item was changed, destroyed, hidden, removed, made, presented, or used and the defendant's knowledge of the pending or imminent investigation or proceeding.