In a tense moment — a police stop, an investigation, an argument that’s escalating — the instinct to get rid of something can take over. Tossing an item, deleting a message, hiding an object. In New Jersey, that instinct can be its own crime. Tampering with or fabricating physical evidence under N.J.S.A. 2C:28-6 is a separate charge that frequently gets stacked onto whatever the underlying investigation was about.
What the statute covers
N.J.S.A. 2C:28-6 makes it an offense, when a person believes an official proceeding or investigation is pending or about to be instituted, to:
- Destroy, alter, conceal, or remove any record, document, or thing — with purpose to impair its availability in the proceeding; or
- Make, present, or use any record, document, or thing knowing it to be false, with purpose to mislead.
The two halves cover the common scenarios: getting rid of real evidence, and creating fake evidence. Both require a purpose connected to an actual or anticipated proceeding.
How it gets stacked on
Tampering is rarely the original reason for police contact. It gets added when, during a stop or investigation, a person is alleged to have ditched, hidden, or destroyed something — tossing a bag during a drug stop, deleting messages, hiding an object. It’s the evidence-focused cousin of hindering apprehension and witness tampering, and the three often appear together. Critically, a tampering charge can stand on its own even if the underlying case is weak.
How it’s graded
Tampering with physical evidence is generally a fourth-degree crime — an indictable offense that creates a criminal record, the kind of stakes we explain in disorderly persons vs. indictable offenses.
Where these cases get defended
- Belief and purpose — whether the person actually believed an investigation was pending and acted with purpose to impair evidence, versus an innocent or reflexive act.
- What was actually done — whether the conduct truly fits “destroy, conceal, alter, or fabricate.”
- The connection to a proceeding — whether the alleged tampering related to an actual or imminent official matter.
- The search and the stop — if the encounter that produced the charge was unlawful, that can affect everything.
For eligible defendants, diversion such as Pretrial Intervention may be available.
Charged with tampering? It’s separate — and defensible
A tampering charge can outlast the case that spawned it, but it turns on belief and purpose that the State has to prove. If you’re facing a 2C:28-6 charge anywhere in New Jersey, it’s worth a free call before you explain what happened.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.