1. (1) A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:

   1. (a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
   2. (b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
2. (2) Physical evidence, as used in this section, includes any article, object, document, record, or other thing of physical substance; except that physical evidence does not include a human body, part of a human body, or human remains subject to a violation of section 18-8-610.5.

3. (3)

   1. (a) Tampering with physical evidence of a felony crime is a class 6 felony.
   2. (b) Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor.

Source: L. 71: R&RE, p. 466, § 1. C.R.S. 1963: § 40-8-610. L. 89: (3) amended, p. 840, § 87, effective July 1. L. 2016: (2) amended, (SB 16-034), ch. 72, p. 191, § 2, effective September 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3201, § 302, effective March 1, 2022.