What is the legal requirement for Tampering with Evidence?

The legal requirement for tampering with evidence hinges on the idea that the individual must be aware of a pending investigation or legal proceeding involving the evidence in question. This aligns with the principle that tampering requires an intention to interfere with or obstruct a law enforcement investigation. In many jurisdictions, including Ohio, the law specifies that the action of tampering is particularly focused on individuals who know that an investigation is happening; this is an essential aspect because it reflects the intention to alter or destroy evidence relevant to that investigation.

Being under investigation provides a direct context for the actions taken concerning the evidence. It signifies that the person involved is not simply acting out of ignorance but is making conscious decisions that could impede due process and the truth-finding function of the legal system. Understanding this helps underline the seriousness of the crime of tampering with evidence and affirms the necessity of an investigative backdrop for such actions to be prosecutable as tampering.