Montana Code Annotated

Mont. Code Ann. § 45-7-207 (2026)

Tampering With Or Fabricating Physical Evidence -- Penalties

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 2. Perjury and Other Falsification in Official Matters

Tampering With Or Fabricating Physical Evidence -- Penalties

45-7-207. Tampering with or fabricating physical evidence -- penalties. (1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:

(a) alters, destroys, conceals, or removes any record, document, or thing with purpose to impair its verity or availability in the proceeding or investigation; or

(b) makes, presents, or uses any record, document, or thing knowing it to be false and with purpose to mislead any person who is or may be engaged in the proceeding or investigation.

(2) (a) Except as provided in subsection (2)(b), a person convicted of tampering with or fabricating physical evidence shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(b) A person convicted of tampering with or fabricating physical evidence in connection with a homicide or homicide investigation and who in so doing affected the ability of a coroner or medical examiner to determine either a cause of death or manner of death, or both, shall be imprisoned in the state prison for a term not to exceed 40 years or be fined an amount not to exceed $100,000, or both.

History: En. 94-7-208 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-208; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1684, Ch. 56, L. 2009; amd. Sec. 1, Ch. 24, L. 2025.

Notes of Decisions

Cited in 54 cases (12 in the last 5 years), 1981–2025 · leading case: State v. Rosling, 2008 MT 62 (Mont. 2008).

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State v. Rosling, 2008 MT 62 (Mont. 2008). · cites it 14× “45-5-102(1)(a), MCA, or, in the alternative, Count II deliberate homicide, in violation of § 45-5-102(1)(b), MCA (commonly known as the felony-murder rule); Count III aggravated kidnapping, in violation of § 45-5-303(1)(c), MCA; Count IV aggravated burglary, in violation…”

State v. Peplow, 2001 MT 253 (Mont. 2001). · cites it 17× “Whether consuming alcohol after a vehicle accident constitutes the crime of tampering with physical evidence under § 45-7-207, MCA; 2. Whether the District Court erred when it refused to accept Peplow’s guilty pleas on two of the five counts against him; and 3.”

State v. Polak, 422 P.3d 112 (Mont. 2018). · cites it 7× “The State charged Polak with (1) deliberate homicide in violation of § 45-5-102(1)(a), MCA ; (2) a weapons enhancement, § 46-18-221, MCA ; (3) tampering with or fabricating physical evidence in violation of § 45-7-207(1)(a), MCA ; and (4) criminal endangerment in violation of §…”

State v. Clifford, 2005 MT 219 (Mont. 2005). · cites it 8× “¶ 1 The jury found Cheryl Clifford (Cheryl) guilty of tampering with or fabricating physical evidence in violation of § 45-7-207, MCA (1995), and threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(ii), MCA (1999).”

State v. Staat, 822 P.2d 643 (Mont. 1991). · cites it 14× “Section 45-7-207, MCA (1989), states in pertinent part: (1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, he: (a) alters, destroys, conceals, or…”

State v. Christina Nelson a K a Mar, 2014 MT 135 (Mont. 2014). · cites it 22× “It notes that all of the possible charges referenced by the court as more appropriate under the circumstances are misdemeanors, and given the “extreme measures” Nelson employed to intentionally mislead the investigators, the prosecutor should be permitted to charge a felony…”

In Re Olson, 2009 MT 455 (Mont. 2009). · cites it 24× “4(b), referencing the criminal offense of "tampering with or fabricating physical evidence" in § 45-7-207, MCA. This statute reads in pertinent part as follows: 45-7-207.”

State v. C. Harrison, 2017 MT 60 (Mont. 2017). · cites it 50× “There, the officer removed Harrison’s handcuffs to facilitate the blood draw.”

State v. Scheffer, 2010 MT 73 (Mont. 2010). · cites it 6× “The State subsequently charged him on September 11, 2007, with sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (Count I); tampering with or fabricating physical evidence, a felony, in violation of § 45-7-207, MCA (Count II); and unlawful restraint,…”

State v. S. Trujillo, 2020 MT 128 (Mont. 2020). · cites it 4× “¶1 Stacy Michael Trujillo appeals his judgment of conviction in the Montana Eighth District Court, Cascade County, on the offenses of attempted deliberate homicide, a felony in violation of §§ 45-4-103 and 45-5-102(1)(a), MCA, and evidence tampering, a felony in violation of §…”

State v. Martz, 760 P.2d 65 (Mont. 1988). · cites it 6× “Defendant Robert Martz appeals his plea of guilty and subsequent conviction of tampering with physical evidence, a felony, in violation of Section 45-7-207, MCA. Martz plead guilty to the charge on January 19, 1987, in the Sixth Judicial District, Park County, in accordance with…”

State v. J. Parker, 2025 MT 92 (Mont. 2025). · cites it 11× “Although the District Court’s elements instruction for the tampering charges erroneously substituted “knowingly” for the statutorily required “purposely,” it also separately instructed the jury on the correct definition of “purposely.”

Show all 54 citing cases →

— Mont. Code Ann. § 45-7-207(1) — 2 cases

State v. McKimmie, 756 P.2d 1135 (Mont. 1988).

State v. D. Demarie, 2025 MT 115 (Mont. 2025).

— Mont. Code Ann. § 45-7-207(1)(a) — 13 cases

State v. Rosling, 2008 MT 62 (Mont. 2008). “45-5-102(1)(a), MCA, or, in the alternative, Count II deliberate homicide, in violation of § 45-5-102(1)(b), MCA (commonly known as the felony-murder rule); Count III aggravated kidnapping, in violation of § 45-5-303(1)(c), MCA; Count IV aggravated burglary, in violation…”

State v. Polak, 422 P.3d 112 (Mont. 2018). “The State charged Polak with (1) deliberate homicide in violation of § 45-5-102(1)(a), MCA ; (2) a weapons enhancement, § 46-18-221, MCA ; (3) tampering with or fabricating physical evidence in violation of § 45-7-207(1)(a), MCA ; and (4) criminal endangerment in violation of §…”

State v. S. Trujillo, 2020 MT 128 (Mont. 2020). “¶1 Stacy Michael Trujillo appeals his judgment of conviction in the Montana Eighth District Court, Cascade County, on the offenses of attempted deliberate homicide, a felony in violation of §§ 45-4-103 and 45-5-102(1)(a), MCA, and evidence tampering, a felony in violation of §…”

State v. Staat, 822 P.2d 643 (Mont. 1991). “Section 45-7-207, MCA (1989), states in pertinent part: (1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, he: (a) alters, destroys, conceals, or…”

State v. J. Parker, 2025 MT 92 (Mont. 2025). “Although the District Court’s elements instruction for the tampering charges erroneously substituted “knowingly” for the statutorily required “purposely,” it also separately instructed the jury on the correct definition of “purposely.”

— Mont. Code Ann. § 45-7-207(2) — 1 case

State v. Kruse, 2012 MT 112N (Mont. 2012).

— Mont. Code Ann. § 45-7-207(l)(a) — 9 cases

State v. Martz, 760 P.2d 65 (Mont. 1988). “Defendant Robert Martz appeals his plea of guilty and subsequent conviction of tampering with physical evidence, a felony, in violation of Section 45-7-207, MCA. Martz plead guilty to the charge on January 19, 1987, in the Sixth Judicial District, Park County, in accordance with…”

State v. Scheffer, 2010 MT 73 (Mont. 2010). “The State subsequently charged him on September 11, 2007, with sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (Count I); tampering with or fabricating physical evidence, a felony, in violation of § 45-7-207, MCA (Count II); and unlawful restraint,…”

State v. Warren, 628 P.2d 292 (Mont. 1981).

— Mont. Code Ann. § 45-7-207(l)(a)(2007) — 1 case

State v. Heavygun, 386 Mont. 107 (Mont. 2016).

— Mont. Code Ann. § 45-7-207(l)(b) — 1 case

State v. Christina Nelson a K a Mar, 2014 MT 135 (Mont. 2014). “It notes that all of the possible charges referenced by the court as more appropriate under the circumstances are misdemeanors, and given the “extreme measures” Nelson employed to intentionally mislead the investigators, the prosecutor should be permitted to charge a felony…”

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