Is Suicide Illegal

Is Suicide Illegal? Unpacking a Complex Issue

Suicide – the act of intentionally ending one’s own life – is a topic that evokes strong reactions. But is it actually illegal? The legal status of suicide is complex, nuanced, and varies by jurisdiction.

The History of Suicide Laws

Historically, suicide was considered both a moral sin and a criminal offense in many cultures. Several major religions – including Christianity, Islam, and Judaism – expressly forbid suicide. And English common law, which influenced early American law, classified suicide as a felony.
However, views gradually shifted. By the early 1800s, attempted suicide was decriminalized in some Western countries. Most US states followed suit by the late 1900s. The underlying rationale was that prosecution would not deter mentally ill people at risk of suicide. Additionally, it seemed unjust to potentially imprison survivors for what was increasingly seen as a public health issue.

Current Laws on Suicide in the United States

Today, suicide itself is still considered a common law crime in some US jurisdictions. However, there are no specific federal or state statutes that outright criminalize the act of completed suicide. It’s also extremely rare for anyone to actually be prosecuted just for attempting suicide – unless other crimes are involved.
That said, here are some key legal considerations regarding suicide under current US law:

No Laws Prohibit Suicide Itself

There are no laws that specifically prohibit suicide or attempted suicide itself, with no other related crimes. Simply committing or attempting suicide is not illegal in any state. However, other associated acts – like trespassing or violence against others during a suicide attempt – can still be charged as crimes.

Assisting Suicide is Illegal

While suicide itself is legal, assisting another person to complete suicide is a crime in most states. State laws vary widely, but assisting a suicide or “aiding and abetting” suicide is a felony in most jurisdictions.
However, physician-assisted suicide – typically called “death with dignity” laws – are legal in a growing number of states like Oregon, Washington, Vermont and others. These laws allow eligible terminally ill patients to voluntarily end their lives with lethal medications prescribed by a doctor.

Suicide Survivors Could Face Civil Commitment

In all states, suicide survivors – especially those deemed “mentally ill and dangerous” – can face temporary civil commitment to a mental institution. In many places, medical professionals are required by law to initiate involuntary commitment proceedings for survivors.
The standard for civil commitment is that a person must pose a danger to themselves or others to justify involuntary detention. After a set time period, the person has the right to a court hearing to determine if longer-term treatment is warranted against their will.

Life Insurance Often Denies Payouts

Another consideration is that life insurance policies may not pay out benefits if someone dies by suicide. Many policies contain specific exclusions or denial of coverage following suicide – especially during the first two years after purchasing the policy. However, state laws sometimes limit these exclusions.

Criminal Charges Possible for Related Crimes

No one can be prosecuted simply for attempting suicide under the law. However, if other crimes are committed in the process, criminal charges are still possible. For example, assault charges could stem from violence against first responders during a suicide attempt. Or homicides that stem from “suicide by cop” scenarios might lead to criminal liability.
Additionally, in some states, encouraging or coercing another person into committing suicide may open the perpetrator up to criminal charges like manslaughter.

Ethical Considerations & Discussion

The issue of whether suicide should be considered a crime sparks much ethical debate. Some arguments in favor of criminalization include:

• Suicide harms communities and devastates families emotionally and financially.
• Some suicide attempts put first responders in danger – especially “suicide by cop.”
• The assumption that all suicides stem from mental illness requiring intervention.

However, there are also compelling arguments against prosecution:

• Criminalizing suicide could discourage people from seeking help due to stigma or fear of punishment.
• A person has sovereignty over their own body and should have the freedom to make this choice.
• It could violate civil liberties and lead to institutionalization of people against their will.

As with many complex ethical issues, reasonable people can disagree in their perspectives. But lawmakers and voters are increasingly moving toward a “right to die” view of suicide.
At the same time, suicide prevention remains a major public health priority in the US. Expanding mental health resources, crisis intervention services, and reporting of at-risk individuals are some ways communities attempt to reduce suicides.

The Bottom Line

While suicide itself is not technically “illegal” anywhere in the United States, the issue has many legal nuances and ethical shades of gray. Laws prohibiting assisted suicide are also facing growing scrutiny.
So whether contemplating this choice themselves, or concerned about a loved one’s risk – people should fully understand the legal implications involved in their jurisdiction. Because prosecution of survivors is still possible, especially when other crimes accompany a suicide attempt.
Ultimately, a compassionate, health-focused approach to suicide prevention – avoiding stigma and coercion – seems the wisest way forward. But in a society that values both civil liberties and public safety, the debate is sure to continue on what the legal status of suicide should be.