Is Deleting Text Messages Tampering With Evidence in Florida?

• Nov 4 2026

Valiente Law · Legal sources checked November 4, 2026

Deleting text messages can lead to an evidence tampering charge in Florida, but deletion alone does not establish the crime. Prosecutors must prove what you knew about an investigation and why you acted. A missing conversation, an automatic deletion setting and a phone reset raise different factual questions under the same law.

What Florida’s evidence tampering law says

Section 918.13, Florida Statutes, prohibits altering, destroying, concealing or removing evidence to impair its truthfulness or availability when you know a criminal trial, proceeding, or investigation is pending or about to begin. It also prohibits making, presenting or using a record or item you know is false under that same knowledge requirement.

Once the knowledge requirement is satisfied, the statute identifies two paths:

“(a) Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or other item, knowing it to be false.”

The law calls this “tampering with or fabricating physical evidence.” It does not list text messages by name, but deleted phone data has been the subject of a tampering prosecution. Its wording reaches records and documents, not just objects someone can hold.

What does the State have to prove?

For a charge based on deleting or hiding evidence, the State must prove two elements beyond a reasonable doubt: you knew a qualifying criminal trial, proceeding, or investigation was pending or about to begin, and you altered, destroyed, concealed or removed an item with the purpose of impairing its truthfulness or availability.

1. Knowledge at the time you acted

Florida Standard Jury Instruction 21.8 addresses a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of Florida. The question is what you knew when the alleged tampering occurred. The statute does not require police to have arrested you or already filed a charge.

Deleting old messages before you knew an investigation was pending or about to begin raises a different issue from deleting them after investigators request your phone. Police contact can be relevant, but it is not the only way someone could learn of an investigation.

2. An act done for the prohibited purpose

For the tampering path, prosecutors must establish both the act and its purpose. “Verity” refers to truthfulness or accuracy; “availability” concerns whether the evidence can be used. The separate fabricating path, section 918.13(1)(b), requires making, presenting or using an item knowing it is false.

Old messages, automatic deletion and existing copies

An automatic deletion setting does not answer the legal question by itself. When the setting was established, why it was established and what the person knew are relevant to the required purpose. Likewise, copies that remain available elsewhere can matter. Neither circumstance automatically determines whether a charge can be proved.

A Florida appeal involving a deleted phone video

In Costanzo v. State, 152 So. 3d 737, 738–39 (Fla. 4th DCA 2014), a detective deleted a video from his work phone after sharing it. Copies were recovered from two other locations and played at trial. The appellate court reversed his tampering conviction, finding insufficient evidence of a purpose to impair availability and insufficient evidence that the video was destroyed. That fact-specific decision does not mean deleting a text is never tampering, or that recovering messages automatically ends a case.

Is tampering with evidence a felony in Florida?

Yes. Section 918.13 classifies tampering with or fabricating evidence as a third-degree felony. If the investigation or proceeding relates to a capital felony, the offense is a second-degree felony. The standard maximum prison terms are five and 15 years, respectively.

These are standard maximums under the general prison-penalty provisions in section 775.082(3)(d)–(e), not predictions. Qualifying prior convictions can increase exposure under section 775.084; see our guide to habitual-offender sentencing.

The capital-felony provision took effect on October 1, 2022, under chapter 2022-84, sections 1 and 3, Laws of Florida. When that provision is charged, a jury that finds the defendant guilty must separately determine whether the State proved the capital-felony connection beyond a reasonable doubt.

Can tampering be charged alongside another offense?

A tampering count is a separate felony allegation. Prosecutors can pursue it alongside the offense police were investigating, based on what they claim happened to evidence. The State must establish the tampering charge’s own elements; the existence of another criminal allegation does not, by itself, prove evidence tampering.

In a Miami case reported by WSVN on November 3, 2026, police said a man faced both an unlawful-disposal charge and a tampering charge after investigators found indications of attempted evidence cleanup, according to the arrest report.

Evidence tampering versus witness tampering

Evidence tampering concerns conduct involving a record or item. Witness tampering under section 914.22 can involve threats, intimidation, force, misleading conduct or an offer of money intended to induce someone else to withhold, alter, destroy or conceal evidence. The offenses have different requirements, and witness-tampering penalties depend on the underlying matter.

Section 914.22(5)(a) also expressly states that an official proceeding need not be pending or about to begin at the time of the offense. Do not assume asking someone else to delete messages avoids a criminal problem.

What should you do if police are investigating?

Preserve things as they are and speak with a criminal defense lawyer promptly. Do not delete, edit or conceal messages, reset a device, or ask someone else to remove evidence. Before changing phone settings or answering questions about missing information, get advice about your particular situation.

• Do not delete, alter, hide or move potentially relevant messages, photographs or files.
• Do not wipe, reset, replace or dispose of a phone or computer.
• Do not ask anyone else to delete or hide anything.
• Do not contact witnesses about the case or post about its facts.

You can say that you want to remain silent and want a lawyer. Our guides explain what to expect during an investigation and speaking with police after an arrest. If investigators request your phone or passcode, consult counsel about the request; see our discussion of whether police can make you unlock your phone.

Frequently asked questions

Can I be charged for deleting texts before I knew about an investigation?

The State must prove you knew a criminal investigation or proceeding was pending or about to begin when you acted. A later investigation does not establish that earlier knowledge by itself. The timing and surrounding facts matter; ordinary deletion is not automatically proof of criminal tampering.

What if my phone deletes old messages automatically?

An automatic setting does not establish the required purpose by itself. When and why it was established, and what you knew at the time, are relevant. Do not change settings or attempt to manage the evidence yourself after learning of an investigation. Speak with a lawyer promptly.

What if police can recover the deleted messages?

Recoverability can matter, but it does not automatically defeat a tampering charge. The prosecution still must prove the charged act and the required state of mind. The existence of other copies, whether they were available and why the deletion occurred all require careful review of the facts.

Is factory-resetting a phone evidence tampering?

A reset can support a tampering allegation if prosecutors claim it was done with knowledge of a pending or impending investigation and for the purpose of impairing evidence. They must prove the required elements beyond a reasonable doubt. Do not reset or dispose of the device; consult a lawyer.

What is the maximum prison sentence for evidence tampering?

The standard maximum is five years for a third-degree felony. When the tampering relates to a capital-felony investigation or proceeding, the standard maximum is 15 years for a second-degree felony. These are statutory maximums, not expected sentences, and qualifying sentencing enhancements can increase exposure.

Is asking someone else to delete messages witness tampering?

It can be when the conduct meets section 914.22, including its requirements concerning threats, intimidation, force, misleading conduct or an offer of financial benefit. Not every request automatically establishes that offense. Do not ask someone to delete or conceal evidence; get legal advice about the situation.

Should I explain to police why I deleted something?

Speak with a criminal defense lawyer before answering questions about deleted messages or missing files. Your explanation can become evidence of what you knew and why you acted. You can state that you want to remain silent and want a lawyer before discussing the facts.

General information, not legal advice for a particular case. Procedures and eligibility depend on the facts and current law.

If you’re in trouble, then you call Valiente.

Posted in: Criminal