ORS 162.295
Tampering with physical evidence


(1)

A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person:

(a)

Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or

(b)

Knowingly makes, produces or offers any false physical evidence; or

(c)

Prevents the production of physical evidence by an act of force, intimidation or deception against any person.

(2)

Tampering with physical evidence is a Class A misdemeanor. [1971 c.743 §204]

Source: Section 162.295 — Tampering with physical evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

Notes of Decisions

Defendant, who damaged own property but filed police report alleging that defendant’s ex-boyfriend damaged property on day before scheduled hearing to continue defendant’s restraining order against ex-boyfriend, cannot be convicted under this section. State’s inference that defendant destroyed property with hope that ex-boyfriend would be cited with contempt of restraining order does not amount to defendant having knowledge that official proceeding regarding contempt citation is about to be instituted, as required by this section. State v. Austin, 265 Or App 140, 333 P3d 1224 (2014)

Evidence that defendant knew that defendant was under arrest was sufficient to permit reasonable inference that defendant swallowed marijuana with “knowledge” that official proceeding was about to be instituted. State v. Jacobs, 276 Or App 453, 369 P3d 82 (2016)

162.005
Definitions for ORS 162.005 to 162.425
162.015
Bribe giving
162.025
Bribe receiving
162.035
Bribery defenses
162.055
Definitions for ORS 162.055 to 162.425
162.065
Perjury
162.075
False swearing
162.085
Unsworn falsification
162.095
Defenses to perjury and false swearing limited
162.105
Retraction as defense
162.115
Corroboration of falsity required
162.117
Public investment fraud
162.118
Illegal conduct by State Treasury not a defense
162.119
Public fraud as racketeering activity
162.121
Construction of ORS 162.117 to 162.121
162.135
Definitions for ORS 162.135 to 162.205
162.145
Escape in the third degree
162.155
Escape in the second degree
162.165
Escape in the first degree
162.175
Unauthorized departure
162.185
Supplying contraband
162.193
Failure to appear
162.195
Failure to appear in the second degree
162.205
Failure to appear in the first degree
162.225
Definitions for ORS 162.225 to 162.375
162.235
Obstructing governmental or judicial administration
162.245
Refusing to assist a peace officer
162.247
Interfering with a peace officer or parole and probation officer
162.255
Refusing to assist in fire-fighting operations
162.257
Interfering with a firefighter or emergency medical services provider
162.265
Bribing a witness
162.275
Bribe receiving by a witness
162.285
Tampering with a witness
162.295
Tampering with physical evidence
162.305
Tampering with public records
162.315
Resisting arrest
162.325
Hindering prosecution
162.335
Compounding
162.345
Defenses for hindering or compounding limited
162.355
Simulating legal process
162.365
Criminal impersonation of a public servant
162.367
Criminal impersonation of a peace officer
162.369
Possession of a false law enforcement identification card
162.375
Initiating a false report
162.385
Giving false information to a peace officer in connection with a citation or warrant
162.405
Official misconduct in the second degree
162.415
Official misconduct in the first degree
162.425
Misuse of confidential information
162.455
Interfering with legislative operations
162.465
Unlawful legislative lobbying
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