Under California Penal Code Section 401, it is illegal to deliberately aid, advise, or encourage another person to commit suicide. Such actions may lead to felony charges that carry the possibility of imprisonment and fines.
However, there is a legal exception through the California End of Life Option Act (EOLOA), which allows mentally competent adults with a terminal disease or diagnosis to obtain and self-administer life-ending medications under strict criteria.
If you need help understanding California’s penal codes, contact our team at Simmrin Law Group. Our attorneys have decades of combined experience. Call today for a free case evaluation and tell us your story.
What Does “Aid, Advise, or Encourage a Suicide” Mean?
Intentionally helping another person with or playing a role in their suicide is illegal under California Penal Code Section 401, with the exception of certain cases that fall under California’s End of Life Option Act.
Some actions that may lead to criminal prosecution for assisted suicide include:
- Providing the means or method for suicide, such as giving someone access to lethal drugs or tools with the intent to assist them in dying.
- Encouraging suicide or convincing someone to take their own life, verbally or through written communication.
- Deliberate participation in the planning or execution of a suicide attempt, such as arranging the time, location, or method.
- Failing to meet legal safeguards under the EOLOA, such as not confirming the patient’s diagnosis, mental capacity, or informed consent.
If you have been accused of violating California Penal Code Section 401, a Los Angeles criminal defense lawyer can help you understand your rights and plan your defense.
Penalties for a PC 401 Conviction in California
California’s court system treats aiding, advising, or encouraging a suicide as a felony offense. This means that a conviction for PC 401 can be severe. The results of a conviction can include:
- Fines of up to $10,000
- A prison sentence of up to three years
- Felony probation, with mandatory counseling and community service
PC 401 Vs. Murder Charges
PC 401 charges only apply if an individual encourages, advises, or helps another person to die by suicide. If an individual asks someone to kill them, and the person does so, this act will not be prosecuted under PC 401. Instead, the act could be charged as murder.
Under California Penal Code Section 187(a), murder is the unlawful killing of another with malice aforethought. Anyone who takes a human life—even at that person’s request—could face life in prison or the death penalty.
Examples of Potential PC 401 Violations in California
Cases where someone is accused of encouraging suicide, even in a passive role, are controversial. Whether or not criminal charges are appropriate will depend on the specifics of the situation. Some fictional examples of complicated cases could be:
Assisted Suicide
A man grows very sick as he ages. He no longer feels like himself, and he pleads with his wife to assist him with his suicide attempt. His pleas move her to a mercy killing by assisted suicide, and she provides him with a lethal dose of his heart medication.
She could be charged under PC 401 for the intentional facilitation of his death.
Lack of Intent
A high school student experiences intense emotions after all the colleges he wants to attend reject him. He talks about options to end his life with his friends, who do not realize how serious he is. He takes steps to end his life by suicide.
His friends could avoid California Penal Code Section 401 charges since they did not intentionally advise or encourage him.
Suicide Pact
Two people make a suicide pact, vowing to take their own lives on a specific date and time. One person follows through, and one does not. The surviving friend can face criminal liability for engaging in a suicide pact, even though they played a passive role in the actual suicide attempt.
Common Defenses for PC 401 Accusations
Dealing with a charge for taking an active role in aiding, advising, or encouraging a suicide attempt can be incredibly difficult and emotionally fraught. You can ease some of the burdens you are facing with these charges by contacting a Los Angeles criminal defense lawyer.
Your criminal defense lawyer can help you go over all of your legal defense options. Depending on the unique circumstances surrounding your case, a legal professional may be able to show that:
You Did Not Intentionally Encourage Suicide
Sometimes, you may be unaware that an individual is in a delicate mental state. You may enter into a discussion of suicide without realizing that your words could be taken as encouraging suicide.
In these situations, you may be able to avoid criminal charges since your actions lacked deliberate intent.
You Did Not Realize You Were Aiding a Death by Suicide
Individuals may seek out help when trying to die by suicide. You could provide this assistance without realizing the impact of your actions. Your lawyer could build a defense for you in this situation since you had a lack of intent.
You Were Acting Under California’s End of Life Option Act
Certain medical professionals are allowed to assist patients who wish to die by suicide. A lawyer can go over your situation to find out if your actions were covered under California‘s End of Life Option Act.
Freedom of Speech Defense
The First Amendment prevents the government from limiting your words. That means, in theory anyway, the government can’t punish you for expressing yourself. In some situations, this can be used to avoid criminal charges under PC 401, but free speech is not absolute.
The key remains whether your words or actions showed deliberate encouragement that led to the suicide attempt.
Get Help With Your PC 401 Charges
If you are accused of violating California Penal Code Section 401: Aid, Advise, or Encourage a Suicide, you are facing felony charges with serious consequences. It is a lot to take when you may already be reeling from the loss of a loved one.
Even worse, if you are accused of participating in an unlawful killing with malice aforethought, you could be charged with murder, even if the person had a terminal disease and asked you to help. That potentially means life in prison.
A criminal defense attorney can help you understand your rights and fight your charges. At Simmrin Law Group, our team has helped thousands of people with complicated legal problems. Contact us today for a free case evaluation to discuss your situation.