1. (1)

   1. (a) As used in this section, "thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence.
   2. (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.

2. (2) An actor commits tampering with evidence if the actor:

   1. (a)

      1. (i) believes that an official proceeding or investigation is pending or about to be instituted; or
      2. (ii) intends to prevent an official proceeding or investigation or to prevent the production of a thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation; and

   2. (b) knowingly or intentionally:

      1. (i) alters, destroys, conceals, or removes a thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or
      2. (ii) makes, presents, or uses a thing or item which the actor knows to be false with the purpose of deceiving a public servant or other party who is or may be engaged in the proceeding or investigation.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
   2. (b) A violation of Subsection (2) is a third degree felony if the offense is committed in conjunction with an official proceeding.
4. (4) Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306.

Amended by Chapter 96, 2024 General Session