California Penal Code §141 — Planting or Tampering with Evidence
PC §141 punishes anyone who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves physical matter to cause it to be received as genuine evidence, with specific intent to charge or convict another. Subdivision (a) covers non-peace-officer conduct as a misdemeanor. Subdivision (b) is a straight felony for peace officers acting in that capacity, carrying 2, 3, or 5 years in state prison. Subdivision (c) targets alteration of evidence to cause another person to be charged with or convicted of murder, carrying 3, 4, or 5 years.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Planting or Tampering with Evidence Cases in All LA County Courts
01 — Quick Facts
PC §141 — Planting or Tampering with Evidence at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §141 — Planting / Altering / Tampering with Physical Evidence |
| Code Type | Penal Code (PC) |
| Classification | §141(a) Misdemeanor; §141(b) Felony (peace officer); §141(c) Felony |
| §141(a) Penalty | Up to 6 months county jail + fine up to $1,000 |
| §141(b) Penalty | 2, 3, or 5 years state prison |
| §141(c) Penalty | 3, 4, or 5 years state prison |
| Moral Turpitude | Yes — CIMT / obstruction |
| Strike | No |
| Immigration | Deportable / inadmissible — obstruction offense |
| Peace Officer | §141(b) is career-ending; automatic POST decertification |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §141?
What Is California Penal Code §141?
PC §141 Reads:
"(a) Except as provided in subdivisions (b) and (c), a person who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image, or video recording, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter will be wrongfully produced as genuine or true physical evidence in a trial, proceeding, or inquiry, is guilty of a misdemeanor. (b) A peace officer who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter ... with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter will be wrongfully produced as genuine or true physical evidence in a trial, proceeding, or inquiry, is guilty of a felony punishable by two, three, or five years in the state prison."
— California Penal Code §141(a)–(c)
PC §141 is California's evidence-tampering statute. It criminalizes the knowing, willful, intentional, and wrongful alteration, modification, planting, placing, manufacturing, concealing, or moving of physical matter, digital images, or video recordings — with the specific intent that a person be charged with a crime, or that the tampered matter be wrongfully produced as genuine evidence in a proceeding.
§141 Structure
The statute is stratified by defendant status and severity of the intended result. Non-peace-officer conduct is a misdemeanor under (a). Peace-officer conduct is a felony under (b). Alteration intended to cause a murder charge or conviction is a felony under (c), added in 2015 in response to high-profile officer-tampering cases.
PC §141(a) — Civilian Conduct
Misdemeanor. Up to 6 months county jail + $1,000 fine.
PC §141(b) — Peace Officer Conduct
Felony. 2, 3, or 5 years state prison. Automatic POST decertification.
Why §141 Matters Beyond the Sentence
§141 is a categorical crime of moral turpitude and obstruction-of-justice offense. For peace officers, §141(b) conviction ends the career: automatic POST decertification (SB 2, Cal. Gov. Code §7286.5), permanent Brady-list inclusion, and pension forfeiture under CalPERS Article 5.1 in many cases. For civilians, §141(a) conviction is a CIMT that impairs licensure and creates immigration exposure.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §141
To convict under PC §141, the prosecution must prove each element beyond a reasonable doubt.
Alteration, Planting, or Concealment
The defendant altered, modified, planted, placed, manufactured, concealed, or moved physical matter, a digital image, or a video recording.
Knowledge, Willfulness, Intent
The act must be knowing, willful, intentional, and wrongful. Negligent or accidental handling does not qualify.
Specific Intent — Charging or Wrongful Production
The defendant must have acted with the specific intent that the conduct result in a person being charged with a crime, or that the matter be wrongfully produced as genuine evidence in a proceeding.
Peace Officer Status (§141(b))
For §141(b) felony liability, the defendant must be a peace officer acting in that capacity.
Murder-Case Intent (§141(c))
For §141(c), the specific intent must be to cause a person to be charged with or convicted of murder.
04 — Penalties
Penalties for PC §141 Planting or Tampering with Evidence in California
PC §141 penalties are structured by defendant status and target offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Civilian Evidence Tampering (§141(a)) | PC §141(a) | Up to 6 months county jail + $1,000 fine | Available | No |
| Peace-Officer Evidence Tampering (§141(b)) | PC §141(b) | 2, 3, or 5 years state prison | Available; disfavored | No |
| Tampering to Cause Murder Charge / Conviction (§141(c)) | PC §141(c) | 3, 4, or 5 years state prison | Extremely rare | No |
| Fine | PC §141 / §672 | Up to $10,000 | Fine additional to custody | N/A |
Related Enhancements & Charges
Conspiracy
PC §182
Where two or more officers agreed to tamper with evidence — separate felony filing.
Perjury
PC §118
Frequently charged in tandem where the tampered evidence was later described falsely in testimony or a report.
Civil-Rights Violation
18 U.S.C. §242
Federal parallel: color-of-law civil-rights violation — separate exposure up to 10 years.
Beyond the Sentence
- Categorical crime of moral turpitude — CIMT for immigration and licensing
- Peace-officer conviction: automatic POST decertification (Gov. Code §7286.5)
- Permanent Brady / Giglio list disclosure
- Federal parallel exposure under 18 U.S.C. §242 (civil rights) and §1519 (federal evidence tampering)
- Pension exposure under CalPERS Article 5.1 for peace officers
- Civil liability under 42 U.S.C. §1983
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §141 Planting or Tampering with Evidence Charges
Rubin Law, P.C. attacks the elements of PC §141 and drives outcomes that avoid conviction where possible.
No Wrongful Intent
§141 requires knowing, willful, intentional, and wrongful conduct with specific intent to charge or wrongfully produce evidence. Negligent handling, procedural error, or misapplied training do not qualify.
PC §141
Chain-of-Custody Compliance
Where the officer or civilian followed documented chain-of-custody procedure — even where the evidence was later challenged — the required 'wrongful' element fails.
Chain-of-custody
No Peace-Officer Status (§141(b))
For felony liability under (b), the defendant must have been acting as a peace officer. Off-duty and outside-scope conduct falls under (a) misdemeanor liability, not (b) felony liability.
PC §141(b)
Attack the Body-Worn-Camera / Digital Evidence
Modern §141 prosecutions rely heavily on body-worn-camera and dashboard-camera footage. Rubin Law engages digital-forensic experts to challenge authenticity, timestamps, and edit metadata.
Digital forensics
No Specific Charging Intent
The tampering must be intended to result in charges or wrongful production. Evidence moved for storage, disposal, transfer, or public-safety purposes lacks the required specific intent.
Specific intent
Cooperator / Whistleblower Bias
§141 cases often turn on internal-affairs whistleblowers with retaliation motives or plea-benefit motivations. Rubin Law litigates Brady / Giglio disclosure and cooperator-benefit exposure.
Brady / Giglio
Reduction / Diversion
For §141(a) misdemeanor filings, PC §1001.95 diversion is available on first offense. Rubin Law negotiates diversion, dismissal, or plea to a non-CIMT alternative where possible.
Constitutional Sources
07 — Court Process
How PC §141 Planting or Tampering with Evidence Cases Move Through Los Angeles Courts
PC §141 cases proceed through the following stages.
- 1
Step 1 — Investigation
§141 investigations begin with an internal-affairs referral, civilian complaint, defense motion in an underlying case, or federal civil-rights investigation. Peace officers should invoke Miranda / Lybarger rights and decline to give voluntary statements.
- 2
Step 2 — Filing / Arraignment
Filed in the courthouse serving the underlying case or the officer's assigned station. §141(b) and (c) are felony filings; §141(a) is a misdemeanor.
- 3
Step 3 — Discovery & Digital Forensics
Body-worn-camera footage, dashboard-camera, evidence-locker logs, and chain-of-custody records drive the case. Rubin Law engages digital-forensic experts on authentication, timestamps, and metadata.
- 4
Step 4 — Preliminary Hearing
The People must show a strong suspicion of wrongful intent — the most frequently litigated element.
- 5
Step 5 — Motion Practice
PC §995 motions, §1538.5 suppression of internal-affairs statements, Pitchess motions for prior discipline history, and Brady / Giglio motions.
- 6
Step 6 — Resolution
Outcomes range from dismissal to negotiated pleas to non-CIMT alternatives to trial. Peace officers face parallel POST proceedings even on dismissal.
Los Angeles Courts That Handle PC §141 Planting or Tampering with Evidence Cases
PC §141 cases are filed in the courthouse serving the underlying investigation.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Planting or Tampering with Evidence Defense Attorney
Daniel S. Rubin has defended clients charged with planting or tampering with evidence and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §141 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Planting or Tampering with Evidence Cases Throughout LA County
See our full Planting or Tampering with Evidence defense practice
09 — FAQs
PC §141 Planting or Tampering with Evidence Questions — Los Angeles
What is PC §141?
PC §141 punishes the knowing, willful, intentional, wrongful planting, altering, concealing, manufacturing, or moving of physical evidence, digital images, or video recordings — with specific intent that a person be charged with a crime, or that the tampered matter be wrongfully produced as genuine evidence in a proceeding.
Is §141 a felony?
It depends on the subdivision. §141(a) (civilian) is a misdemeanor (up to 6 months county jail). §141(b) (peace officer acting in that capacity) is a straight felony (2/3/5 years). §141(c) (tampering to cause murder charge or conviction) is a straight felony (3/4/5 years).
Is §141 deportable?
Yes. §141 is a categorical crime of moral turpitude and obstruction-of-justice offense — deportable and inadmissible under 8 USC §1227 / §1182. Aggravated-felony treatment is possible where sentence imposed is one year or more.
What are the consequences for peace officers?
A §141(b) conviction results in automatic POST decertification under Cal. Gov. Code §7286.5 (SB 2), permanent Brady / Giglio list disclosure, potential pension forfeiture under CalPERS Article 5.1, and separate federal civil-rights exposure under 18 U.S.C. §242.
What is the difference between §141 and §135?
§135 punishes willful destruction or concealment of documentary evidence about to be produced. §141 is broader — it covers planting, altering, and manufacturing evidence with specific charging intent, and it applies to physical matter, digital images, and video recordings.
Can §141 be reduced?
Yes. Common reductions include PC §135 (misdemeanor destroying evidence) or dismissal. First-offense §141(a) misdemeanor filings are eligible for PC §1001.95 diversion.
What are the federal parallels?
Federal parallels are 18 U.S.C. §1519 (federal evidence tampering — up to 20 years), §242 (color-of-law civil-rights violation — up to 10 years), and §1512 (obstruction). Federal Sentencing Guidelines §2J1.2 governs.
Available 24/7 — Free Consultation
Accused of Planting or Tampering with Evidence Under PC §141?
§141 is a career-ending offense for peace officers and a CIMT for civilians with immigration exposure. Rubin Law, P.C. defends peace officers, professionals, and civilians under state and federal evidence-tampering statutes.