2017 ORS 162.295¹
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]

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)

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors162.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.