Oregon Revised Statutes
Or. Rev. Stat. § 162.295 (2026)
Tampering with physical evidence
✓ current as of May 2026
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162.295 Tampering with physical evidence. (1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person:
(a) Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or
(b) Knowingly makes, produces or offers any false physical evidence; or
(c) Prevents the production of physical evidence by an act of force, intimidation or deception against any person.
(2) Tampering with physical evidence is a Class A misdemeanor. [1971 c.743 §204]
Notes of Decisions
Cited in 41
cases (9 in the last 5 years), 1980–2025 · leading case: State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016). “Defendant, who was convicted, following a jury trial, of one count of tampering with physical evidence, ORS 162.295, and one count of hindering prosecution, ORS 162.”
State v. Bailey, 213 P.3d 1240 (Or. 2009). “The state also points to another statute, ORS 162.295, as helpful context. That statute, which defines the crime of “tampering with physical evidence,” is perhaps the one that is most closely related to ORS 162.”
State v. Meharry, 149 P.3d 1155 (Or. 2006). “980 (2005); seven counts of tampering with physical evidence, ORS 162.295; driving under the influence of intoxicants, ORS 813.”
State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). “12 (West 2006); Oregon, Or.Rev.Stat. § 162.295 (2011); Pennsylvania, 18 Pa.”
State v. Marroquin, 168 P.3d 1246 (Or. Ct. App. 2007). “840 (2005), and one count of tampering with physical evidence, ORS 162.295. State v. Marroquin, 212 Or App 219 , 157 P3d 796 (2007).”
State v. Jacobs, 369 P.3d 82 (Or. Ct. App. 2016). “315, and tampering with physical evidence, ORS 162.295. With respect to his conviction for tampering with physical evidence, defendant argues that the evidence was insufficient to prove that he knew that an official proceeding was about to be instituted when he destroyed…”
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “1994) ("produces or offers”); Or.Rev.Stat. § 162.295 (1990) (“makes, produces or offers”); Wash.”
Lindsey v. Clatskanie People's Util. Dist., 140 F. Supp. 3d 1077 (D. Or. 2015). “235 (“obstructing governmental or judicial administration”), and ORS § 162.295 (“tampering with physical evidence”).”
State v. McAnulty, 338 P.3d 653 (Or. 2014). “095, and one count of tampering with physical evidence, ORS 162.295. Before trial, defendant moved to suppress the statements that she had made to detectives.”
State v. Clardy, 401 P.3d 1188 (Or. Ct. App. 2017). “285, and one count of tampering with physical evidence, ORS 162.295. 1 In this consolidated criminal appeal, defendant appeals three judgments of conviction, raising multiple assignments of error.”
State v. Strouse, 366 P.3d 1185 (Or. Ct. App. 2016). “325 (Count 2), based on his alleged concealment of the guns after the burglary, as well as one count of tampering with physical evidence, ORS 162.295 (Count 8), and one count of initiating a false report, ORS 162.”
State v. White, 154 P.3d 124 (Or. Ct. App. 2007). “615 (providing that “[a] peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and * * * make a reasonable inquiry”); ORS 162.295 (setting forth the elements of the crime of tampering with physical evidence).”
— Or. Rev. Stat. § 162.295(1) — 7 cases
State v. Bailey, 213 P.3d 1240 (Or. 2009). “The state also points to another statute, ORS 162.295, as helpful context. That statute, which defines the crime of “tampering with physical evidence,” is perhaps the one that is most closely related to ORS 162.”
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016). “Defendant, who was convicted, following a jury trial, of one count of tampering with physical evidence, ORS 162.295, and one count of hindering prosecution, ORS 162.”
State v. Bailey, 183 P.3d 232 (Or. Ct. App. 2008).
State v. Austin, 333 P.3d 1224 (Or. Ct. App. 2014).
State v. Caoile, 556 P.3d 653 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 162.295(1)(a) — 2 cases
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016). “Defendant, who was convicted, following a jury trial, of one count of tampering with physical evidence, ORS 162.295, and one count of hindering prosecution, ORS 162.”
State v. McGaughey, 330 Or. App. 212 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 162.295(1)(b) — 2 cases
State v. Sagaser, 340 Or. App. 125 (Or. Ct. App. 2025).
State v. Sagaser, 340 Or. App. 125 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 162.295(l)(a) — 1 case
State v. Jacobs, 369 P.3d 82 (Or. Ct. App. 2016). “315, and tampering with physical evidence, ORS 162.295. With respect to his conviction for tampering with physical evidence, defendant argues that the evidence was insufficient to prove that he knew that an official proceeding was about to be instituted when he destroyed…”
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