The instinct to destroy or hide incriminating material can feel like a way to escape trouble, but Pennsylvania law makes that instinct a crime in its own right. Yes, it is illegal to tamper with evidence during an investigation in Pennsylvania. State law criminalizes altering, destroying, concealing, or fabricating evidence when a person believes an official proceeding or investigation is pending or about to begin, regardless of how the underlying case ultimately turns out.
The Statute: 18 Pa.C.S. ยง 4910
Pennsylvania’s evidence tampering law is codified at Title 18, Section 4910, “Tampering with or fabricating physical evidence.” The statute provides that a person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted, they either alter, destroy, conceal, or remove any record, document, or thing with the intent to impair its truthfulness or availability in that proceeding or investigation, or make, present, or use any record, document, or thing knowing it to be false, with the intent to mislead a public servant involved in that proceeding or investigation.
Two Distinct Ways to Violate the Law
The statute effectively criminalizes two different types of conduct. The first involves destroying or hiding real evidence, such as disposing of a weapon, deleting digital files, shredding documents, or hiding physical items relevant to an investigation, done with the specific intent to prevent that evidence from being available or truthful in the proceeding. The second involves creating or presenting false evidence, such as fabricating a document, planting an item, or offering a knowingly false record to investigators, done with the intent to mislead a public servant conducting the investigation. Either type of conduct is enough to trigger criminal liability under Section 4910.
The Belief Requirement Is Broad
One important feature of this statute is that it does not require a formal charge or an active court case to already exist. The law applies whenever a person believes an official proceeding or investigation is either pending or about to be instituted. This means a person can violate the statute by destroying evidence in anticipation of an investigation that has not yet formally started, so long as they believed at the time that such a proceeding was likely coming. Waiting until charges are officially filed does not create a safe window to dispose of incriminating material.
Grading and Penalties
A violation of Section 4910 is graded as a second-degree misdemeanor. While this is less severe than a felony, it still carries real consequences, including up to two years in prison and meaningful fines, along with a permanent criminal record. Importantly, evidence tampering charges are almost always brought alongside other, often more serious charges connected to the underlying investigation, meaning a person who tampers with evidence related to a separate crime can face cumulative criminal exposure from both offenses.
Related Offenses Worth Knowing
Pennsylvania’s Crimes Code includes several related statutes that often arise in the same context as evidence tampering. Section 4911 separately criminalizes tampering with public records or information, covering government-maintained records rather than evidence tied to a specific investigation. Sections addressing witness and victim intimidation, found later in the same chapter, are also frequently charged alongside evidence tampering when a person attempts to influence the outcome of an investigation through multiple channels at once.
Why Destroying Evidence Rarely Helps a Defense
From a strategic standpoint, attempting to destroy or alter evidence is almost always counterproductive for someone under investigation. Beyond the fact that it introduces an entirely separate criminal charge, courts and juries are permitted to draw negative inferences from evidence destruction, and the attempt itself often signals consciousness of guilt regarding the underlying matter, potentially making the original case against the person stronger rather than weaker.
Bottom Line
Pennsylvania law treats interference with evidence as a serious offense independent of the underlying investigation, and the belief that a case is coming is enough to trigger liability even before formal charges exist. Anyone facing an investigation, or accused of tampering with evidence, should consult a licensed Pennsylvania criminal defense attorney immediately
