Donorovich-Odonnell v. Harris

Opinion

McDONALD, J.

Most states, including California, do not classify suicide or attempted suicide as a crime. (In re Ryan N. (2001) 92 Cal.App.4th 1359, 1373 [112 Cal.Rptr.2d 620] (Ryan N.).) Most states, however, including California, impose criminal liability on a person aiding and abetting suicide. (Cruzan v. Director, Missouri Dept. of Health (1990) 497 U.S. 261, 280 [111 L.Ed.2d 224, 110 S.Ct. 2841]; Ryan N., at p. 1374, fn. 4.) Penal Code section 401, in effect since 1873, provides: “Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a…