TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIRTexas Penal Code (PC) § 37.09(c)
“TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR” stands for Tampering with or Fabricating Physical Evidence, a third-degree felony under Texas Penal Code (PC) § 37.09(c). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR” mean?
“TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR” stands for Tampering with or Fabricating Physical Evidence, a third-degree felony under Texas PC § 37.09(c).
Texas Penal Code § 37.09 defines tampering with or fabricating physical evidence. In the tampering form, the State must prove that, knowing an investigation or official proceeding was pending or in progress, the defendant altered, destroyed, or concealed a record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or proceeding; a parallel provision reaches one who, knowing an offense has been committed, alters, destroys, or conceals evidence to impair its availability in a later related investigation or proceeding. In the fabrication form, the State must prove the defendant made, presented, or used a record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or proceeding. Under § 37.09(c), this charge is a third-degree felony because the item involved is something other than a human corpse.
What usually happens to a TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR charge?
58% ended without a conviction, 16% in deferred adjudication and 26% in a conviction.
How 1,954 resolved TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 425 | 84% | 9% | 7% | 299 |
| Collin | 370 | 32% | 32% | 36% | 190 |
| Montgomery | 277 | 70% | 4% | 26% | 120 |
| Hays | 196 | 52% | 17% | 30% | 541 |
| Comal | 154 | 84% | 5% | 10% | — |
| Rockwall | 128 | 15% | 29% | 56% | 92 |
| Brazoria | 109 | 42% | 16% | 41% | 228 |
Outcome is the final disposition recorded on the charge. “Other” (8) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR case take to resolve?
Typically about 7 months: half of resolved cases closed within 203 days of filing.
Across 1,931 resolved TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR charges filed 2019–2023, the median time from filing to disposition was 203 days. The middle half took between 78 and 441 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Tampering with or Fabricating Physical Evidence in Texas?
2 to 10 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR in Texas?
The median bail is $7,000, and 5% of defendants were released on a personal bond.
Across 49,057 Texas bail settings for this charge (145 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,000 (middle half: $3,000 – $15,000). 5% of defendants were released on a personal bond, and bail was denied in 2,545 cases. When this was the only charge at booking (3,850 records), the median was $8,000 and 13% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 5,326 | $3,000 | $1,500 – $6,000 | 5% | 2% |
| Travis | 2,891 | $7,500 | $3,875 – $10,000 | 17% | 3% |
| Bexar | 1,888 | $5,000 | $3,000 – $10,000 | 5% | 7% |
| Dallas | 1,877 | $7,500 | $2,500 – $15,000 | 1% | 6% |
| El Paso | 1,747 | $5,000 | $1,500 – $10,000 | 7% | 17% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.