Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-922 (2026)

Tampering with physical evidence; penalty; physical evidence, defined

✓ current as of July 2026
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(1) A person commits the offense of 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 or she:

(a) Destroys, mutilates, conceals, removes, or alters physical evidence with the intent to impair its verity or availability in the pending or prospective official proceeding; or

(b) Knowingly makes, presents, or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.

(2) Physical evidence, as used in this section, shall mean any article, object, document, record, or other thing of physical substance.

(3) Tampering with physical evidence is a Class IV felony, except that if such offense involves a pending criminal proceeding which alleges a violation of another offense classified:

(a) As a Class II misdemeanor or a lower classification or a violation of a city or village ordinance, the offense is a Class I misdemeanor; or

(b) As a Class II felony or a higher classification, the offense is a Class II felony.

Notes of Decisions
Cited in 30 cases (9 in the last 5 years), 1993–2026 · leading case: State v. Lasu, 768 N.W.2d 447 (Neb. 2009).
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State v. Lasu, 768 N.W.2d 447 (Neb. 2009). · cites it 11× “Section 28-922(1) provides: A person commits the offense of 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…”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). · cites it 9× “To “conceal” or “remove” physical evidence, in the context of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
State v. Vasquez-arenivar, 779 N.W.2d 117 (Neb. Ct. App. 2010). · cites it 4× “This means that the jury determined that Vasquez-Arenivar, believing that an official proceeding was pending or about to be instituted and acting without legal right or authority, destroyed, mutilated, concealed, removed, or altered physical evidence with the intent to impair…”
State v. Scott, 319 Neb. 153 (Neb. 2025). · cites it 10× “(c) Tampering With Physical Evidence Lastly, we address Scott’s challenge to the sufficiency of the evidence to support his conviction of tampering with physical evidence, in violation of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
State v. Stolen, 755 N.W.2d 596 (Neb. 2008). · cites it 5× “Citing Neb.Rev.Stat. § 28-922 (Reissue 1995) (tampering with evidence), the Court of Appeals concluded that a jury could have found beyond a reasonable doubt that the defendant presented false evidence to the investigator "when [the defendant] realized that an official…”
State v. Fahlk, 524 N.W.2d 39 (Neb. 1994). · cites it 4× “Had the State established that Fahlk created the checkout sheet with the intent to offer false physical evidence to Becker, the evidence might have supported a conviction of violation of Neb.”
State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). “§ 45-7-207 (2011); Nebraska, Neb.Rev.Stat. § 28-922 (2008); New Hampshire, N.”
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “17-A, § 455 (1983) (“presents or uses”); Neb.Rev.Stat. § 28-922 (1989) ("makes, presents or offers”); N.”
State v. Carrera, 25 Neb. Ct. App. 650 (Neb. Ct. App. 2018). · cites it 2× “CR15-851- CASE ON APPEAL After initially filing a criminal complaint and an amended criminal complaint in the county court for Sarpy County on October 27 and 28, 2015, the State filed a second amended criminal complaint on November 3, charging Carrera with the following: one…”
Nicholas Sampson v. St. Paul Fire & Marine Ins., 903 F.3d 798 (8th Cir. 2018). · cites it 2× “While the civil case proceeded, Kofoed was charged criminally, tried, and convicted in Nebraska state court for evidence tampering in violation of Neb. Rev. Stat. § 28-922 (1)(b). Subsequent to his conviction, Douglas County terminated Kofoed's employment and stopped paying for…”
In Re Krepela, 628 N.W.2d 262 (Neb. 2001). · cites it 2× “§ 28-911 (Reissue 1995) (abuse of public records); and Neb.Rev.Stat. § 28-922 (Reissue 1995) (tampering with physical evidence).”
Burdell v. Commonwealth, 990 S.W.2d 628 (Ky. 1999). “§ 710-1076 ("is pending or about to be instituted”); Nebraska, Neb.Rev. Stat. § 28-922 ("is pending or about to be instituted”); New York, N.”
Show all 30 citing cases →
— Neb. Rev. Stat. § 28-922(1) — 3 cases
State v. Lasu, 768 N.W.2d 447 (Neb. 2009). “Section 28-922(1) provides: A person commits the offense of 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…”
State v. Scott, 319 Neb. 153 (Neb. 2025). “(c) Tampering With Physical Evidence Lastly, we address Scott’s challenge to the sufficiency of the evidence to support his conviction of tampering with physical evidence, in violation of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). “To “conceal” or “remove” physical evidence, in the context of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
— Neb. Rev. Stat. § 28-922(1)(a) — 5 cases
State v. Lasu, 768 N.W.2d 447 (Neb. 2009). “Section 28-922(1) provides: A person commits the offense of 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…”
State v. Vasquez-arenivar, 779 N.W.2d 117 (Neb. Ct. App. 2010). “This means that the jury determined that Vasquez-Arenivar, believing that an official proceeding was pending or about to be instituted and acting without legal right or authority, destroyed, mutilated, concealed, removed, or altered physical evidence with the intent to impair…”
State v. Scott, 319 Neb. 153 (Neb. 2025). “(c) Tampering With Physical Evidence Lastly, we address Scott’s challenge to the sufficiency of the evidence to support his conviction of tampering with physical evidence, in violation of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
State v. Pierce (Neb. Ct. App. 2022).
State v. Lockman (Neb. Ct. App. 2026).
— Neb. Rev. Stat. § 28-922(2) — 3 cases
State v. Lasu, 768 N.W.2d 447 (Neb. 2009). “Section 28-922(1) provides: A person commits the offense of 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…”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). “To “conceal” or “remove” physical evidence, in the context of Neb. Rev. Stat. § 28-922 (1)(a) (Cum. Supp.”
State v. Pierce (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 28-922(3) — 1 case
State v. Lasu, 768 N.W.2d 447 (Neb. 2009). “Section 28-922(1) provides: A person commits the offense of 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…”
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