# Is it a crime to try to frame someone for a crime? **URL:** \ **Category:** Factual Questions\ **Created:** [September 6, 2007, 2:33am UTC](https://boards.straightdope.com/t/is-it-a-crime-to-try-to-frame-someone-for-a-crime/418197 "2007-09-06T02:33:12Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![XaMcQ](https://avatars.discourse-cdn.com/v4/letter/x/f9ae1b/32.png) [@XaMcQ](https://boards.straightdope.com/u/XaMcQ)\ **Post date:** [September 6, 2007, 2:33am UTC](https://boards.straightdope.com/t/is-it-a-crime-to-try-to-frame-someone-for-a-crime/418197/1 "2007-09-06T02:33:12Z")
While watching a CSI rerun the other day, where the convoluted plot involved an attempted frame-up for murder and arson, a strange thought occurred to me as all the guilty folks were perp-walked away. I’ve seen hundreds of dramas where someone attempted to set another person up to take the rap for a crime, and when they get caught, they are prosecuted for the crime itself, but I don’t recall anyone ever being charged with a crime for trying to get someone else locked up. But it seems to me that should be a crime of some kind, just by itself. Is it? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [September 6, 2007, 2:36am UTC](https://boards.straightdope.com/t/is-it-a-crime-to-try-to-frame-someone-for-a-crime/418197/2 "2007-09-06T02:36:54Z")
[QUOTE=XaMcQ] While watching a CSI rerun the other day, where the convoluted plot involved an attempted frame-up for murder and arson, a strange thought occurred to me as all the guilty folks were perp-walked away. I’ve seen hundreds of dramas where someone attempted to set another person up to take the rap for a crime, and when they get caught, they are prosecuted for the crime itself, but I don’t recall anyone ever being charged with a crime for trying to get someone else locked up. But it seems to me that should be a crime of some kind, just by itself. Is it? [/QUOTE] It depends on exactly what they did to make it look like the other person did it. Obstruction of justice is always a good starting point. Then tack on everything, including littering and jaywalking, that the person did while framing the other person.. ---
**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\ **Post date:** [September 6, 2007, 2:42am UTC](https://boards.straightdope.com/t/is-it-a-crime-to-try-to-frame-someone-for-a-crime/418197/3 "2007-09-06T02:42:02Z")
[QUOTE=XaMcQ] While watching a CSI rerun the other day, where the convoluted plot involved an attempted frame-up for murder and arson, a strange thought occurred to me as all the guilty folks were perp-walked away. I’ve seen hundreds of dramas where someone attempted to set another person up to take the rap for a crime, and when they get caught, they are prosecuted for the crime itself, but I don’t recall anyone ever being charged with a crime for trying to get someone else locked up. But it seems to me that should be a crime of some kind, just by itself. Is it? [/QUOTE] This New York law might apply: > [@](#): > > Tampering with physical evidence. > A person is guilty of tampering with physical evidence when: > > 1. With intent that it be used or introduced in an official proceeding > or a prospective official proceeding, he (a) knowingly makes, devises or > prepares false physical evidence, or (b) produces or offers such > evidence at such a proceeding knowing it to be false; or > 2. Believing that certain physical evidence is about to be produced or > used in an official proceeding or a prospective official proceeding, and > intending to prevent such production or use, he suppresses it by any act > of concealment, alteration or destruction, or by employing force, > intimidation or deception against any person. > Tampering with physical evidence is a class E felony.