State v. Christina Nelson a K a Mar, 334 P.3d 345

Nelson reported to hospital staff that A.S. raped her; police investigated and obtained a SANE exam and records.
Nelson signed consent allowing disclosure of medical information to police for the investigation.
Surveillance videos showed Nelson leaving work at 5:40 p.m.; no one observed an approach by A.S.
Detective Baum learned Nelson had prior SANE reports and inconsistent statements about where assaults occurred.
Nelson revoked the medical release after initially stating she did not want to pursue charges, creating questions about truthfulness.
District Court dismissed the Tampering with or Fabricating Physical Evidence charge, prompting State's appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does §45-7-207(1)(b) require an actual crime to occur?	State: no, proceeding or investigation pending suffices.	Nelson: requires underlying crime or false physical evidence tied to such crime.	No underlying crime required; proceeding or investigation suffices.
Are the SANE-related materials physical evidence under the statute?	State: the forensic exam, forms, and reports are physical evidence.	Nelson: only oral statements, not physical evidence, were false.	Yes, the collected vaginal secretions and related materials can be physical evidence.

State v. Clifford, 328 Mont. 300 (2005 MT 219) (conviction upheld for tampering with or fabricating physical evidence even where no charge linked to the other crime)
State v. Scheffer, 230 P.3d 462 (2010 MT 73) (practical impossibility defense rejected for tampering with evidence related to non-existent crime)
State v. Peplow, 36 P.3d 922 (2001 MT 253) (limits on physical evidence when still in the body; avoids absurd results)
State v. Staat, 822 P.2d 643 (1991 MT 1) (writing as physical evidence; supports broad interpretation of evidentiary material)
State v. Dugan, 369 Mont. 39 (2013 MT 38) (de novo review of statute interpretation in criminal dismissal rulings)