Tampering with or fabricating physical evidence under section 918.13 is a felony that often grows out of a split-second reaction during a police encounter. It carries serious exposure, but it has demanding knowledge and intent elements that the State frequently struggles to prove.
The Charge
The offense covers both hiding or destroying evidence and creating false evidence, in a case that is pending or about to begin.
| Conduct | Degree | Maximum |
|---|---|---|
| Altering, destroying, concealing, or removing evidence, or making or using false evidence, in a pending or anticipated case | Third-degree felony | 5 years |
| The same, when it relates to a capital felony | Second-degree felony | 15 years |
The penalty does not depend on how serious the underlying crime is, except when it relates to a capital felony. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where resisting and obstruction are among the most charged offenses in the system. They are often added on top of another arrest, or they are the only charge when the stop did not produce anything else, and they are routinely overcharged. The thread running through all of them is the same: the State has to prove the officer was in the lawful execution of a legal duty, not merely on the job, and that is where these cases are won. Learn more about my background.
Knowledge and Intent Are the Elements
To convict, the State must prove two things beyond the act itself: that you knew a criminal trial, proceeding, or investigation was pending or about to be instituted, and that you acted with the purpose to impair the evidence’s verity or availability. If you did not know of any case or investigation at the time, or if there was no intent to impair anything, the charge does not hold. Those elements are where most of these cases are fought.
Concealment Versus Abandonment
Many tampering charges come from a person dropping, tossing, or swallowing something during a stop. There is a real legal difference between concealing or destroying evidence to defeat a case and simply abandoning an item, sometimes in plain view of the officer. Florida courts have looked closely at that line, because the State still has to prove the specific intent to impair availability, not just that something was discarded. That distinction is often the heart of the defense.
How I Defend a Tampering Charge
I press the knowledge element, the intent to impair, and the concealment-versus-abandonment line, and I look hard at the lawfulness of the search that produced the conduct, since tampering charges usually arise during another investigation. Because the penalty does not track the seriousness of the underlying case, a tampering count can carry outsized exposure, which makes separating and challenging it important.
Common Questions
What is tampering with evidence in Florida?
Tampering with or fabricating physical evidence under section 918.13 is altering, destroying, concealing, or removing something, or making or using something false, while knowing that a criminal trial, proceeding, or investigation is pending or about to begin, with the purpose to impair its use. It is a third-degree felony, and a second-degree felony when it relates to a capital felony.
Does throwing something away count as tampering?
Not always. There is a real difference between concealing or destroying evidence to impair a case and simply abandoning or dropping something. Florida courts have scrutinized cases where a person discards an item in plain view, because the State still has to prove the specific intent to impair its availability, not just that the item was tossed. That distinction is often the defense.
Does the State have to prove I knew about an investigation?
Yes. A core element is that you knew a criminal trial, proceeding, or investigation was pending or about to be instituted. If you did not know any investigation or case existed at the time, that element is not met. Knowledge of the proceeding, and the intent to impair the evidence, are where these cases are won or lost.
Is the penalty worse if it was a serious crime?
Generally no, which surprises people. Except when it relates to a capital felony, tampering carries the same third-degree felony penalty whether the underlying matter was a murder investigation or a minor possession case. That means a tampering charge can sometimes carry exposure out of proportion to the case it grew out of, which is worth weighing carefully.
What are the defenses to a tampering charge?
The strongest defenses go to knowledge and intent: that you did not know of any pending or impending investigation, that you did not intend to impair the evidence, and that what happened was abandonment rather than concealment or destruction. The lawfulness of the search that revealed the conduct can also matter, and the State's proof on intent is frequently thin.
Related: Obstruction and public order overview, Resisting an officer, Drug crimes, and Search and seizure.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. These offenses are governed by chapters 843, 316, 856, 877, and 918, Florida Statutes, and the degrees and elements can change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
