If a person plants a substance (alcohol in a kids car on high school campus), what is the criminal offense? Sec 37.09 (Fabricating Physical Evidence) states that itis an offense if, "knowing that an investigation or official proceeding is pending or in progress" a person presents a thing.... Here, there was no investigation or official proceeding in progress until the call was made reporting the alcohol in the cars. Am I being too technical? This has to be a violation of some penal code provision!

Is the person who planted the alcohol the same person who reported the crime? That might lend itself to False Reort under 37.08.

isn't there a new trespass of a motor vehicle statute you could use?

I did not use the exact facts of my case because I am not sure who "lurks" on this sight. The alcohol was placed in the high school lockers of 5 girls. We know who made the call and we believe she also placed the booze in the lockers, but we can not prove it yet. Trespassing is not an option because she is one of the high school teachers.

If we're talking about a teacher in a public school, I'd take a look at Official Oppression (39.03) or perhaps Abuse of Official Capacity (39.02). Sounds like some students might have a decent civil rights suit in the making, as well.

"...acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in the prohibited conduct." Could you just charge him with the same offense as a party?