NY Penal Law § 120.30: Promoting a suicide attempt

The issue of suicide is emotional and the topic of helping someone to commit suicide is controversial. Many believe that aiding, encouraging, or advising someone to commit suicide is morally wrong. Others believe it is a difficult, yet personal issue. Regardless of whether you consider it to be morally right or wrong, under New York law it is illegal. According to New York Penal Code 120.30 it is a felony to intentionally help another person to attempt to commit suicide. Whether or not the suicide attempt is successful is not relevant. It is just relevant that you helped someone attempt to commit suicide.

A woman suffered from emotional problems for years and had attempted suicide a number of times. She had recently started to again talk about suicide. The woman and her husband drove to a cliff in a state park. The man got out of the car. The woman then drove the car off the cliff. The woman did not survive. The man could be prosecuted for promoting a suicide attempt as he knew that his wife's intentions, accompanied her to the site of the suicide, and did not attempt to stop the suicide.

1. Reckless endangerment in the second degree: New York Penal Code § 120.20
2. Reckless endangerment in the first degree: New York Penal Code § 120.25

In order for you to be convicted under the promoting a suicide attempt statute is necessary for the prosecutor to prove that your actions were intentional. If when you acted you were unaware of the person's intentions, then you did not have the necessary element of intention and should not be prosecuted.

Promoting a suicide attempt is a class E felony. The maximum possible sentence is 4 years in prison. The actual length of your prison sentence will depend on factors such as your prior criminal record, if any. If you do not have a prior felony conviction, there is a good chance that your sentence would be a probation (link to: http://criminaldefense.1800nynylaw.com/new-york-probation-lawyer.html) term of 5 years without any prison. However, you may also be ordered to by a fine of up to $5,000.

A person is guilty of promoting a suicide attempt when he intentionally causes or aids another person to attempt suicide.

While you may be believe that people have the right to commit suicide if they so chose, and that under some circumstances it is an act of compassion to assist someone in doing so. However, that is not the law in New York. If you do so you will have committed a felony and you could end up in prison. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.