Skip to main content

Main menu

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
  • AAPL

User menu

  • Alerts

Search

  • Advanced search
Journal of the American Academy of Psychiatry and the Law
  • AAPL
  • Alerts
Journal of the American Academy of Psychiatry and the Law

Advanced Search

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
Article CommentaryAnalysis and Commentary

Commonwealth v. Carter and Legal Interpretations of Facilitated Suicide

Elias Ghossoub, Jacqueline Landess and William J. Newman
Journal of the American Academy of Psychiatry and the Law Online December 2018, 46 (4) 521-531; DOI: https://doi.org/10.29158/JAAPL.003801-18
Elias Ghossoub
Dr. Ghossoub is a Fellow in the Forensic Psychiatry Division. Dr. Landess is Assistant Professor of Psychiatry and Dr. Newman is Associate Professor of Psychiatry, Department of Psychiatry and Behavioral Neurosciences, Saint Louis University, Saint Louis, MO.
MD, MSc
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Jacqueline Landess
Dr. Ghossoub is a Fellow in the Forensic Psychiatry Division. Dr. Landess is Assistant Professor of Psychiatry and Dr. Newman is Associate Professor of Psychiatry, Department of Psychiatry and Behavioral Neurosciences, Saint Louis University, Saint Louis, MO.
MD, JD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
William J. Newman
Dr. Ghossoub is a Fellow in the Forensic Psychiatry Division. Dr. Landess is Assistant Professor of Psychiatry and Dr. Newman is Associate Professor of Psychiatry, Department of Psychiatry and Behavioral Neurosciences, Saint Louis University, Saint Louis, MO.
MD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
  • Article
  • Figures & Data
  • Info & Metrics
  • PDF
Loading

Article Figures & Data

Tables

    • View popup
    Table 1

    Facilitated Suicide Legislation in Each U.S. State and the District of Columbia

    StateLawType of CrimeType of PunishmentNotes
    Alabama22-8BClass C felonyUp to 10 years in prison
    Up to $15,000 in fines
    Specifically criminalizes physical facilitation by health care providers
    Alaska11.41.120Manslaughter (class A felony)Up to 20 years in prison
    Up to $250,000 in fines
    Arizona13-1103Manslaughter (class 2 felony)Up to 12.5 years in prisonCriminalizes strictly physical facilitation
    Arkansas5-10-104Manslaughter (class C felony)Up to 10 years in prison
    Up to $10,000 in fines
    California401FelonyUp to life imprisonmentSpecifically criminalizes advising and encouraging
    Legalizes physician-assisted suicide
    Colorado18-3-104Manslaughter (Class 4 felony)Up to 6 years in prison
    Up to $500,000 in fines
    Legalizes physician-assisted suicide
    Connecticut952.53a-54aCausing suicide: murder (class A felony)Up to life imprisonment
    Up to $20,000 in fines
    Defines causation as through force, duress, or deception
    952.53a-56Assisting suicide: manslaughter (class C felony)Up to 10 years in prison
    Up to $10,000 in fines
    Criminalizes causing or aiding by means other than force, duress, or deception
    Delaware632Manslaughter (class B felony)Up to 25 years in prison
    District of ColumbiaCommon lawRefers to “the crime of assisted suicide” in 7-651.13
    Legalizes physician-assisted suicide
    Florida782.08Manslaughter (second degree felony)Up to 40 years in prison
    Up to $10,000 in fines
    Georgia16-5-5FelonyUp to 10 years in prisonCriminalizes strictly physical facilitation
    Hawaii707-702Manslaughter (class A felony)Up to 20 years in prison
    Up to $50,000 in fines
    Idaho18-4017FelonyUp to 5 years in prisonCriminalizes strictly physical facilitation
    Illinois720 ILCS 5/12-34.5Suicide (Class 2 felony)Up to 14 years in prison
    Up to $50,000 in fines
    Specifically criminalizes physical and verbal coercion
    Suicide (Class 4 felony)Up to 6 years in prison
    Up to $50,000 in fines
    Criminalizes strictly physical facilitation
    Attempted suicide (Class 3 felony)Up to 10 years in prison
    Up to $50,000 in fines
    Specifically criminalizes physical and verbal coercion
    Attempted suicide (Class A misdemeanor)Less than 1 year in prison
    Up to $2,500 in fines
    Criminalizes strictly physical facilitation
    Indiana35-42-1-2Causing suicide (level 3 felony)Up to 16 years in prison
    Defines causation as through force, duress, or deception
    35-42-1-2.5Assisting suicide (level 5 felony)Up to 6 years in prison
    Up to $10,000 in fines
    Criminalizes strictly physical facilitation
    Iowa707A.2Class C felonyUp to 10 years in prison
    Up to $10,000 in fines
    Specifically criminalizes physical facilitation
    Specifically criminalizes solicitation and incitement
    Kansas21-5407Assisting suicide (level 3, person felony)Up to 100 years in prison
    Up to $300,000 in fines
    Defines causation as through force or duress
    Assisting suicide (level 9, person felony)Up to 13 years in prison
    Up to $100,000 in fines
    Criminalizes strictly physical facilitation
    Kentucky216.302Causing suicide (class C felony)Up to 10 years in prison
    Up to $10,000 in fines
    Defines causation as through force or duress
    Assisting suicide (class D felony)Up to 5 years in prison
    Up to $10,000 in fines
    Criminalizes strictly physical facilitation
    Louisiana14:32.12N/AUp to 10 years in prison

    Up to $10,000 in fines
    Specifically criminalizes advising and encouraging
    Specifically criminalizes physical facilitation
    Maine17-A, 204Class D crimeUp to 364 days in prison
    Up to $2,000 in fines
    Specifically criminalizes solicitation
    MarylandCriminal law, 3-102FelonyUp to 1 year in prison
    Up to $10,000 in fines
    Defines causation as through coercion, duress, or deception
    Specifically criminalizes physical facilitation
    MassachusettsCommon lawFirst- or second-degree murderUp to life imprisonment
    Michigan750.329aFelonyUp to 5 years in prison
    Up to $10,000 in fines
    Specifically criminalizes physical facilitation
    Specifically criminalizes helping in planning
    Minnesota609.215SuicideUp to 15 years in prison
    Up to $30,000 in fines
    Attempted suicideUp to 7 years in prison
    Up to $14,000 in fines
    Mississippi97-3-49FelonyUp to 10 years in prison
    Up to $1,000 in fines
    Criminalizes assistance in any manner, including advising and encouraging
    Missouri565.023.1Voluntary manslaughter (class B felony)Up to 15 years in prison
    Montana45-5-102Assisting suicide (criminal homicide)Up to life imprisonmentAlthough not clearly stated in the statute, assisting suicide is a homicide offense as per the Montana Criminal Law Commission*
    45-5-105Assisting attempted suicideUp to 10 years in prison
    Up to $50,000 in fines
    Specifically criminalizes solicitation
    Does not criminalize physician-assisted suicide
    Nebraska28-307Class IV felonyUp to 2 years in prison
    Up to $10,000 in fines
    NevadaNot addressedSpecifies that it does not authorize “assisted suicide” in 449.670
    New Hampshire630:4Causing suicide (class B felony)Up to 7 years in prison
    Up to $4,000 in fines
    Specifically criminalizes solicitation
    Otherwise (misdemeanor)Up to 1 year in jail
    Up to $2,000 in fines
    New Jersey2C:11-6Causing suicide (crime of the second degree)Up to 10 years in prison
    Up to $150,000 in fines
    Otherwise (crime of the fourth degree)Up to 18 months in prison
    New Mexico30-2-4Fourth-degree felonyUp to 18 months in prison
    Up to $5,000 in fines
    New YorkPenal law 125.15Manslaughter in the second degree (class C felony)Up to 15 years in prison
    Up to $15,000 in fines
    Punishable as murder (class A-I felony) if the person “causes or aids the suicide by the use of duress or deception”
    Penal law 120.30Promoting a suicide attempt (class E felony)Up to 4 years in prison
    Up to $5,000 in fines
    Punishable as attempt to commit murder (class A-I felony) under penal law 120.35 if the person “causes or aids the suicide attempt by the use of duress or deception”
    North CarolinaNot addressed
    North Dakota12.1-16-04Causing suicide (class AA felony)Up to life imprisonmentDefines causation as through deception, coercion, or duress
    Assisting suicide (class C felony)Up to 5 years in prison
    Up to $10,000 in fines
    Specifically criminalizes physical facilitation
    Specifically criminalizes incitement and solicitation
    Ohio3795Felony of the third degreeUp to 60 months in prison
    Up to $10,000 in fines
    Criminalizes strictly physical assistance
    Oklahoma21-813FelonyUp to 2 years in prison
    Up to $1,000 in fines
    Criminalizes assistance in any manner, including advising and encouraging
    Oregon163.125Manslaughter in the second degree (class B felony)Up to 10 years in prisonSpecifically criminalizes physical facilitation
    Legalizes physician-assisted suicide
    163.193Assisting another person to commit suicide (class B felony)Up to $250,000 in fines
    PennsylvaniaTitle 18, 2505Causing suicide (criminal homicide)Up to life imprisonmentQualifies as such if causation was through force, duress, or deception
    Causing suicide (felony of the second degree)Up to 10 years in prison

    Up to $25,000 in fines
    Qualifies as such if causation was through other means
    Specifically criminalizes solicitation
    Otherwise (misdemeanor of the second degree)Up to 2 years in prison
    Up to $5,000 in fines
    Specifically criminalizes solicitation
    Rhode Island11-60FelonyUp to 10 years in prison
    Up to $10,000 in fines
    Criminalizes strictly physical facilitation
    South Carolina16-3-1090FelonyUp to 15 years in prison
    Defines causation as through force or duress
    Specifically criminalizes physical facilitation
    South Dakota22-16-37Class 6 felonyUp to 2 years in prison
    Up to $4,000 in fines
    Criminalizes assistance in any manner, including advising and encouraging
    Tennessee39-13-216Class D felonyUp to 12 years in prison
    Up to $5,000 in fines
    Criminalizes strictly physical facilitation
    TexasPenal code 22.08Causing suicide or serious bodily injury (state jail felony)Up to 2 years in jail
    Up to $10,000 in fines
    Criminalizes facilitation and attempting to facilitate
    Assisting suicide (class C misdemeanor)Up to $500 in fines
    Utah76-5-205Manslaughter (felony of the second degree)Up to 15 years in prison
    Up to $10,000 in fines
    Criminalizes strictly physical facilitation
    VermontCommon lawLegalizes physician-assisted suicide
    Virginia8.01-622.1Civil liabilityLiability for damagesPunishes strictly physical facilitation
    Washington9A.36.060Class C felonyUp to 5 years in prison
    Up to $10,000 in fines
    Legalizes physician-assisted suicide
    West VirginiaCommon lawRefers to “the crime of assisting suicide” in 16-30-14
    Wisconsin940.12Class H felonyUp to 6 years in prison
    Up to $10,000 in fines
    WyomingNot addressed
    • ↵* As per the 2012 Annotations to the Montana Code Annotated by the Montana Legislative Services Division.

PreviousNext
Back to top

In this issue

Journal of the American Academy of Psychiatry and the Law Online: 46 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 46, Issue 4
1 Dec 2018
  • Table of Contents
  • Index by author
Print
Download PDF
Article Alerts
Sign In to Email Alerts with your Email Address
Email Article

Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site.

NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. We do not capture any email address.

Enter multiple addresses on separate lines or separate them with commas.
Commonwealth v. Carter and Legal Interpretations of Facilitated Suicide
(Your Name) has forwarded a page to you from Journal of the American Academy of Psychiatry and the Law
(Your Name) thought you would like to see this page from the Journal of the American Academy of Psychiatry and the Law web site.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Citation Tools
Commonwealth v. Carter and Legal Interpretations of Facilitated Suicide
Elias Ghossoub, Jacqueline Landess, William J. Newman
Journal of the American Academy of Psychiatry and the Law Online Dec 2018, 46 (4) 521-531; DOI: 10.29158/JAAPL.003801-18

Citation Manager Formats

  • BibTeX
  • Bookends
  • EasyBib
  • EndNote (tagged)
  • EndNote 8 (xml)
  • Medlars
  • Mendeley
  • Papers
  • RefWorks Tagged
  • Ref Manager
  • RIS
  • Zotero

Share
Commonwealth v. Carter and Legal Interpretations of Facilitated Suicide
Elias Ghossoub, Jacqueline Landess, William J. Newman
Journal of the American Academy of Psychiatry and the Law Online Dec 2018, 46 (4) 521-531; DOI: 10.29158/JAAPL.003801-18
del.icio.us logo Twitter logo Facebook logo Mendeley logo
  • Tweet Widget
  • Facebook Like
  • Google Plus One

Jump to section

  • Article
    • Abstract
    • Suicide by Text
    • Criminalization of Facilitated Suicide
    • First Amendment Considerations
    • Role of Forensic Psychiatry
    • Summary
    • Footnotes
    • References
  • Figures & Data
  • Info & Metrics
  • PDF

Related Articles

Cited By...

More in this TOC Section

  • Toward Aspirational Forensic Mental Health Practice
  • Ethics Challenges in Correctional Mental Health
  • Methamphetamine-Associated Psychosis and Criminal Responsibility
Show more Analysis and Commentary

Similar Articles

Site Navigation

  • Home
  • Current Issue
  • Ahead of Print
  • Archive
  • Information for Authors
  • About the Journal
  • Editorial Board
  • Feedback
  • Alerts

Other Resources

  • Academy Website
  • AAPL Meetings
  • AAPL Annual Review Course

Reviewers

  • Peer Reviewers

Other Publications

  • AAPL Practice Guidelines
  • AAPL Newsletter
  • AAPL Ethics Guidelines
  • AAPL Amicus Briefs
  • Landmark Cases

Customer Service

  • Cookie Policy
  • Reprints and Permissions
  • Order Physical Copy

Copyright © 2025 by The American Academy of Psychiatry and the Law