Delaware Code
11 Del. C. § 1269 (2026)
Tampering with physical evidence; class G felony
✓ current as of May 2026
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A person is guilty of tampering with physical evidence when:
(1) Intending that it be used or introduced in an official proceeding or a prospective official proceeding the person:
a. Knowingly makes, devises, alters or prepares false physical evidence; or
b. Produces or offers false physical evidence at a proceeding, knowing it to be false; or
(2) Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent its production or use, the person suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.
Tampering with physical evidence is a class G felony.
11 Del. C. 1953, § 1269; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2019–2021 · leading case: State v. Land (Del. Super. Ct. 2019).
State v. Land (Del. Super. Ct. 2019). “State, the Supreme Court stated, “11 Del.C. § 1269 criminalizes neither inchoate tampering nor tampering with items, but, rather, successful suppression of evidence Where evidence is immediately retrievable by the police, an individual has failed to 19 actually suppress the…”
State v. Hixon (Del. Super. Ct. 2019). “§ 4103; one count of Tampering with Physical Evidence, a felony, in violation of 11 Del. C. § 1269; one count of Possession of Marijuana, a misdemeanor, in violation of 16 Del.”
State v. Hixon (Del. Super. Ct. 2019). “§ 4103; one count of Tampering with Physical Evidence, a felony, in violation of 11 Del. C. § 1269; one count of Possession of Marijuana, a misdemeanor, in violation of 16 Del.”
Mountain West Series of Lockton Companies, LLC v. Alliant Ins. Servs., Inc. (Del. Ch. 2019). “See 11 Del C. § 1269(2) (addressing efforts to prevent or suppress the production of evidence through “any act of concealment, alteration or destruction”); see also Cal.”
State ex rel. Jennings v. Capriglione (Del. Super. Ct. 2021). “9 11 Del. C. § 1269. 10 11 Del. C. § 1211. 11 State of Delaware Brief, Exhibit A (Guilty Plea of Michael Capriglione) (Trans.”
— 11 Del. C. § 1269(2) — 1 case
Mountain West Series of Lockton Companies, LLC v. Alliant Ins. Servs., Inc. (Del. Ch. 2019). “See 11 Del C. § 1269(2) (addressing efforts to prevent or suppress the production of evidence through “any act of concealment, alteration or destruction”); see also Cal.”
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