Florida Statutes

Fla. Stat. § 918.13 (2025)

Tampering with or fabricating physical evidence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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918.13 Tampering with or fabricating physical evidence.—

(1) It is unlawful for any person, knowing that a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted, to:

(a) Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or other item, knowing it to be false.

(2)(a) Except as provided in paragraph (b), a person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who violates subsection (1) relating to a criminal trial, proceeding, or investigation that relates to a capital felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 72-315; s. 1, ch. 2022-84.

Arrestable Offenses under F.S. 918.13

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§918.13EVIDENCE-DESTROYINGRENUMBERED SEE REC # 8703F · 3rd

§918.13(1a)OBSTRUCTING JUSTICETAMPER EVIDENCE IN CAPITAL FEL CRIM PROCEEDINGF · 2nd

§918.13(1a)OBSTRUCTING JUSTICETAMPER W EVIDENCE IN CRIMINAL PROCEEDINGF · 3rd

§918.13(1a)EVIDENCE-DESTROYINGRENUMBERED. SEE REC # 9577F · 3rd

§918.13(1b)OBSTRUCTING JUSTICERENUMBERED. SEE REC # 9579F · 3rd

§918.13(1b)FRAUDFABRICATE/USE FALSE EVIDENCE CRIM PROCEEDINGSF · 3rd

§918.13(1b)FRAUDFABRICATE/USE FALSE EVIDENCE CAP FEL CRIM PROCF · 2nd

Notes of Decisions

Cited in 83 cases (8 in the last 5 years), 1976–2026 · leading case: Bryan Turner v. Mike Williams, 65 F.4th 564 (11th Cir. 2023).

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Bryan Turner v. Mike Williams, 65 F.4th 564 (11th Cir. 2023). · cites it 5× ““Vogalsang walked outside of the interview room with the integrity sergeant, and was informed that warrants had already been obtained for [Turner’s], Kvies’[s] and Griffis’s arrests,” charg- ing them with tampering with evidence and conspiracy to tamper USCA11 Case: 21-11255…”

State v. Jennings, 666 So. 2d 131 (Fla. 1995). · cites it 9× “Jennings was charged with tampering with physical evidence in violation of section 918.13, Florida Statutes (1993). [1] Section 918.”

Laisha L. Landrum v. State of Florida, 192 So. 3d 459 (Fla. 2016). · cites it 2× “See § 918.13, Fla. Stat. (2004). 4 . See § 921.”

State v. Majors, 318 S.W.3d 850 (Tenn. 2010). “at 618 (quoting Fla. Stat. § 918.13 (l)(a) (1997)) (alterations in original).”

McKinney v. State, 640 So. 2d 1183 (Fla. 2d DCA 1994). · cites it 5× “(1991); § 918.13, Fla. Stat. (1991). [2] The state also charged the defendant with resisting an officer without violence.”

Jones v. State, 590 So. 2d 982 (Fla. 1st DCA 1991). · cites it 7× “" § 918.13, Fla. Stat. (1989). The two then fell to the ground, and no drugs could thereafter be found.”

State v. Carpenter, 899 So. 2d 1176 (Fla. 3d DCA 2005). · cites it 3× “[2] Section 918.13 provides: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall: (a)…”

State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). “Code § 22-723 (LexisNexis 2010); Florida, Fla. Stat. Ann. § 918.13 (West 2006); Georgia, Ga.”

State v. News-Press Pub. Co., 338 So. 2d 1313 (Fla. 2d DCA 1976). · cites it 4× “" These statements were pertinent to the prosecution of this case because the gravamen of Section 918.13, Florida Statutes, is the destruction of evidence with the purpose of impairing its availability in a law enforcement investigation.”

Anthony Costanzo v. State, 152 So. 3d 737 (Fla. 4th DCA 2014). · cites it 6× “We reverse the tampering conviction because the State failed to establish a violation of section 918.13, Florida Statutes (2013). The evidence tampering charge arose from appellant’s deletion of a video from his work cellular phone.”

State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “§ 53a-155 (West 1994); Fla.Stat.Ann. § 918.13 (West 1985); Mo.Rev.”

Lumpkin v. State, 129 S.W.3d 659 (Tex. App. 2004). “§22-723 (2001); Fla Stat. Ann. § 918.13 (West 2003); Ky. Rev.”

Show all 83 citing cases →

— 918.13(1) — 4 cases

McKinney v. State, 640 So. 2d 1183 (Fla. 2d DCA 1994). “(1991); § 918.13, Fla. Stat. (1991). [2] The state also charged the defendant with resisting an officer without violence.”

Obas v. State, 935 So. 2d 38 (Fla. 4th DCA 2006).

Quinones v. State, 766 So. 2d 1165 (Fla. 3d DCA 2000).

Quiñones v. State, 766 So. 2d 1165 (Fla. 3d DCA 2000).

— 918.13(1)(a) — 13 cases

Anderson v. State, 996 So. 2d 256 (Fla. 1st DCA 2008).

Casselman v. State, 761 So. 2d 482 (Fla. 5th DCA 2000).

Jones v. State, 590 So. 2d 982 (Fla. 1st DCA 1991). “" § 918.13, Fla. Stat. (1989). The two then fell to the ground, and no drugs could thereafter be found.”

McKenzie v. State, 632 So. 2d 276 (Fla. 4th DCA 1994).

State v. Carpenter, 899 So. 2d 1176 (Fla. 3d DCA 2005). “[2] Section 918.13 provides: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall: (a)…”

— 918.13(1)(b) — 2 cases

Hernandez v. State, 750 So. 2d 50 (Fla. 3d DCA 1999).

— 918.13(l)(a) — 12 cases

McNeil v. State, 438 So. 2d 960 (Fla. 1st DCA 1983).

C.K. v. State, 753 So. 2d 617 (Fla. 4th DCA 2000).

A.F. v. State, 850 So. 2d 667 (Fla. 4th DCA 2003).

Kramer v. State, 15 So. 3d 790 (Fla. 5th DCA 2009).

State v. Conley, 98 So. 3d 108 (Fla. 2d DCA 2012).

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