(1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding or investigation; or
(b) Makes, presents, offers, or uses any false physical evidence, knowing it to be false, with intent that it be introduced in the pending or prospective official proceeding or investigation, or with intent to mislead a public servant who is or may be engaged in the pending or prospective official proceeding or investigation.
(2) For the purposes of this section, "physical evidence" includes any article, object, document, record, or other thing of physical substance.
(3) Tampering with or fabricating physical evidence is a misdemeanor.