A person is guilty of a felony of the third degree if, believing that an official proceeding has been or is about to be instituted, he prepares, offers in evidence or uses any record, document or thing, knowing it to be false and with intent to mislead a public servant who is or may be engaged in the proceeding. SOURCE: G.P.C. §§ 132; 134; See also §§ 115a, 156; M.P.C.241.7; *Cal § 1103 (T.D. 3, 1969). Cal. § 1142 (1971); Mass. ch. 268, § 6; N.J. § 2C:28-6. CROSS-REFERENCES: § 52.80 - Unsworn Falsification; § 52.50 -Witness Tampering.
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COMMENT: This Section is similar to, but more comprehensive than Penal Code §§ 132 and 134. Falsifying physical evidence is classified as a felony in that this is a direct attempt, without an intervening third person, by a defendant to directly influence the integrity of official proceedings.