Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-8-610 (2026)

Tampering with physical evidence

✓ current as of July 2026
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(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:

(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

(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) "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) (a) Tampering with physical evidence of a felony crime is a class 6 felony.

(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.

Notes of Decisions
Cited in 32 cases (8 in the last 5 years), 1982–2026 · leading case: v. Rieger, 2019 COA 14 (Colo. Ct. App. 2019).
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v. Rieger, 2019 COA 14 (Colo. Ct. App. 2019). · cites it 12× “Rieger — Criminal Law — Review of Judgments — Appeals by the Prosecution; Crimes — Tampering with Physical Evidence In this prosecutorial appeal from an order of dismissal entered after preliminary hearing, a division of the court of appeals holds that an electronically stored…”
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005). · cites it 2× “2004; leaving the scene of an accident involving serious bodily injury, § 42-4-1601(1); tampering with physical evidence, § 18-8-610(l)(a), C.R.S.2004; and two counts of careless driving, § 42-4-1402(1), C.”
Frayer v. People, 684 P.2d 927 (Colo. 1984). · cites it 9× “The court of appeals upheld the defendant’s conviction under section 18-8-610. Other courts have gone much further and adopted interpretations similar to Nicholas.”
People v. Atencio, 140 P.3d 73 (Colo. Ct. App. 2005). · cites it 4× “Section 18-8-610, C.R.S.2005. The statute does not define the term “removes.”
People v. Riley, 2015 COA 152 (Colo. Ct. App. 2015). · cites it 6× “2015, provides that the definitions contained in section 18-8-501 are applicable to section 18-8-610. ¶ 34 Defendant argues that because the term “official proceeding” is defined by statute, the trial court erred in failing to provide the jury with the definition from section…”
People v. Greenlee, 200 P.3d 363 (Colo. 2009). · cites it 2× “§ 18-8-610(1)(a), C.R.S. (2003). 3 . We granted certiorari on the following issues: 1.”
People v. Haley, 41 P.3d 666 (Colo. 2001). · cites it 2× “(2001); two counts of Attempted Second Degree Assault on Peace Officer, § 18-3-203(1)(c) and 18-2-101, 6 C.”
People v. Alameno, 193 P.3d 830 (Colo. 2008). · cites it 3× “(2008); one count of tampering with physical evidence by destruction under section 18-8-610, C.R.S. (2008); twenty-five counts of sexual exploitation of a child under section 18-6-403(3)(b.”
State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). “§ 5-53-111 (2005); Colorado, Colo.Rev.Stat. § 18-8-610 (2012); Connecticut, Conn.”
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “§ 13-2809 (1989) ("makes, produces or offers"); Colo.Rev.Stat. § 18-8-610 (1986 & Supp.1995) ("makes, presents or offers”); Del.”
People v. Cascio, 932 P.2d 1381 (Colo. 1997). · cites it 2× “), and one count of tampering with physical evidence pursuant to section 18-8-610, 8B C.R.S. (1986 & 1996 Supp.”
Lumpkin v. State, 129 S.W.3d 659 (Tex. App. 2004). “7; Colo.Rev.Stat. Ann. § 18-8-610 (West 2003); D.”
Show all 32 citing cases →
— Colo. Rev. Stat. § 18-8-610(1) — 4 cases
People v. Erik Jamal Newton (Colo. Ct. App. 2022).
State v. Coffey (N.C. Ct. App. 2024).
Peo v. Ibarra (Colo. Ct. App. 2024).
Peo v. Ibarra (Colo. Ct. App. 2024).
— Colo. Rev. Stat. § 18-8-610(1)(a) — 9 cases
v. Rieger, 2019 COA 14 (Colo. Ct. App. 2019). “Rieger — Criminal Law — Review of Judgments — Appeals by the Prosecution; Crimes — Tampering with Physical Evidence In this prosecutorial appeal from an order of dismissal entered after preliminary hearing, a division of the court of appeals holds that an electronically stored…”
People v. Greenlee, 200 P.3d 363 (Colo. 2009). “§ 18-8-610(1)(a), C.R.S. (2003). 3 . We granted certiorari on the following issues: 1.”
People v. Haley, 41 P.3d 666 (Colo. 2001). “(2001); two counts of Attempted Second Degree Assault on Peace Officer, § 18-3-203(1)(c) and 18-2-101, 6 C.”
People v. Ingram, 984 P.2d 597 (Colo. 1999).
People v. Mountjoy, 431 P.3d 631 (Colo. Ct. App. 2016).
— Colo. Rev. Stat. § 18-8-610(1)(b) — 2 cases
People v. Koverman, 38 P.3d 85 (Colo. 2002).
People v. Riley, 2015 COA 79 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-8-610(2) — 2 cases
v. Rieger, 2019 COA 14 (Colo. Ct. App. 2019). “Rieger — Criminal Law — Review of Judgments — Appeals by the Prosecution; Crimes — Tampering with Physical Evidence In this prosecutorial appeal from an order of dismissal entered after preliminary hearing, a division of the court of appeals holds that an electronically stored…”
People v. Atencio, 140 P.3d 73 (Colo. Ct. App. 2005). “Section 18-8-610, C.R.S.2005. The statute does not define the term “removes.”
— Colo. Rev. Stat. § 18-8-610(l)(a) — 3 cases
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005). “2004; leaving the scene of an accident involving serious bodily injury, § 42-4-1601(1); tampering with physical evidence, § 18-8-610(l)(a), C.R.S.2004; and two counts of careless driving, § 42-4-1402(1), C.”
Frayer v. People, 684 P.2d 927 (Colo. 1984). “The court of appeals upheld the defendant’s conviction under section 18-8-610. Other courts have gone much further and adopted interpretations similar to Nicholas.”
People v. Frayer, 661 P.2d 1189 (Colo. Ct. App. 1983).
— Colo. Rev. Stat. § 18-8-610(l)(b) — 1 case
People v. Riley, 2015 COA 152 (Colo. Ct. App. 2015). “2015, provides that the definitions contained in section 18-8-501 are applicable to section 18-8-610. ¶ 34 Defendant argues that because the term “official proceeding” is defined by statute, the trial court erred in failing to provide the jury with the definition from section…”
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