N.Y. Penal Law Section 215.40
Tampering with physical evidence

A person is guilty of tampering with physical evidence when:

1.

With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or

(b)

produces or offers such evidence at such a proceeding knowing it to be false; or

2.

Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person. Tampering with physical evidence is a class E felony.

Source: Section 215.40 — Tampering with physical evidence, https://www.­nysenate.­gov/legislation/laws/PEN/215.­40 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

215.00
Bribing a witness 215.05
Bribe receiving by a witness 215.10
Tampering with a witness in the fourth degree 215.11
Tampering with a witness in the third degree 215.12
Tampering with a witness in the second degree 215.13
Tampering with a witness in the first degree 215.14
Employer unlawfully penalizing witness or victim 215.15
Intimidating a victim or witness in the third degree 215.16
Intimidating a victim or witness in the second degree 215.17
Intimidating a victim or witness in the first degree 215.19
Bribing a juror 215.20
Bribe receiving by a juror 215.22
Providing a juror with a gratuity 215.23
Tampering with a juror in the second degree 215.25
Tampering with a juror in the first degree 215.28
Misconduct by a juror in the second degree 215.30
Misconduct by a juror in the first degree 215.35
Tampering with physical evidence 215.40
Tampering with physical evidence 215.45
Compounding a crime 215.50
Criminal contempt in the second degree 215.51
Criminal contempt in the first degree 215.52
Aggravated criminal contempt 215.54
Criminal contempt 215.55
Bail jumping in the third degree 215.56
Bail jumping in the second degree 215.57
Bail jumping in the first degree 215.58
Failing to respond to an appearance ticket 215.59
Bail jumping and failing to respond to an appearance ticket 215.60
Criminal contempt of the legislature 215.65
Criminal contempt of a temporary state commission 215.66
Criminal contempt of the state commission on judicial conduct 215.70
Unlawful grand jury disclosure 215.75
Unlawful disclosure of an indictment 215.80
Unlawful disposition of assets subject to forfeiture
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Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 215.40. Tampering with physical evidence's source at nysenate​.gov

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