Utah Code » Title 76, Chapter 8 — Offenses Against the Administration of Government; part 76-8-5 — Falsification in Official Matters
Utah Code

Utah Code § 76-8-510.5 (2026)

Tampering with evidence

✓ current as of May 2026
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As used in this section, "thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence.
Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
An actor commits tampering with evidence if the actor:
believes that an official proceeding or investigation is pending or about to be instituted; or
intends to prevent an official proceeding or investigation or to prevent the production of a thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation; and
knowingly or intentionally:
alters, destroys, conceals, or removes a thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or
makes, presents, or uses a thing or item which the actor knows to be false with the purpose of deceiving a public servant or other party who is or may be engaged in the proceeding or investigation.
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
A violation of Subsection (2) is a third degree felony if the offense is committed in conjunction with an official proceeding.
Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306.
Notes of Decisions
Cited in 5 cases, 2004–2018 · leading case: State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013).
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State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). · cites it 2× “2012); Utah, Utah Code Ann. § 76-8-510.5 (Lexis-Nexis 2008); and Washington, Wash.”
Hills v. United Parcel Serv., Inc., 2010 UT 39 (Utah 2010). · cites it 4× “Spoliators are also subject to criminal charges for tampering with evidence under Utah Code section 76-8-510.5(2) (2008) or obstruction of justice under Utah Code section 76-8-306 (Supp.”
Lumpkin v. State, 129 S.W.3d 659 (Tex. App. 2004). “12 (West 2003); Utah Code Ann. § 76-8-510.5 (2003). Accordingly, we hold that the term “pending” in the Texas tampering-with-evidence statute means “impending, or about to take place.”
State v. York, 2018 UT App 90 (Utah Ct. App. 2018). · cites it 16× “of tampering with evidence if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation or to prevent the production of any thing or item which reasonably would be…”
Lumpkin, Leroy v. State (Tex. App. 2004). “12 ( West 2003); Utah Code Ann. § 76-8-510.5 (2003). A ccordingly, we hold that the term “pending” in the Texas tampering-with-evidence statute means “impending, or about to take place.”
— Utah Code § 76-8-510.5(2) — 2 cases
Hills v. United Parcel Serv., Inc., 2010 UT 39 (Utah 2010). “Spoliators are also subject to criminal charges for tampering with evidence under Utah Code section 76-8-510.5(2) (2008) or obstruction of justice under Utah Code section 76-8-306 (Supp.”
State v. York, 2018 UT App 90 (Utah Ct. App. 2018). “of tampering with evidence if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation or to prevent the production of any thing or item which reasonably would be…”
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