# Could I Be Convicted of Murder If I Encourage Someone To Commit Suicide?

**URL:** <https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335>\
**Category:** Factual Questions\
**Created:** [June 24, 2010, 8:46am UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335 "2010-06-24T08:46:03Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![Gus\_Handsome](https://avatars.discourse-cdn.com/v4/letter/g/e68b1a/32.png) [@Gus\_Handsome](https://boards.straightdope.com/u/Gus_Handsome)\
**Post date:** [June 24, 2010, 8:46am UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/1 "2010-06-24T08:46:03Z")

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Suppose I said to someone,

“Kill yourself by tomorrow or I will go and kill your entire family”.  
The person goes out and kills himself based on my threat.

What would/could I be charged and convicted of?

I heard of this happening to an inmate when I worked in the prison as a correctional officer, and I always wondered what the legalities were with regards to this.  
Allegedly, it was a Triad member who said this to a fellow inmate, and the next day he hung himself.

Thanks  
Gus

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**Author:** ![Don\_t\_Call\_Me\_Shirley](https://avatars.discourse-cdn.com/v4/letter/d/f4b2a3/32.png) [@Don\_t\_Call\_Me\_Shirley](https://boards.straightdope.com/u/Don_t_Call_Me_Shirley)\
**Post date:** [June 24, 2010, 11:47am UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/2 "2010-06-24T11:47:40Z")

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Indiana Code [35-42-1-2](http://www.in.gov/legislative/ic/code/title35/ar42/ch1.html#IC35-42-1-2)

> [@IC 35-42-1-2](#):
>
> IC 35-42-1-2  
> **Causing suicide**  
> Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Class B felony.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [June 24, 2010, 1:26pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/3 "2010-06-24T13:26:35Z")

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What about a request on a message board? 😉

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**Author:** ![Punisher\_11B](https://avatars.discourse-cdn.com/v4/letter/p/9de0a6/32.png) [@Punisher\_11B](https://boards.straightdope.com/u/Punisher_11B)\
**Post date:** [June 24, 2010, 1:46pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/4 "2010-06-24T13:46:49Z")

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If I am correct that is part of Involuntary Manslaughter. I know it’s not murder, it’s one of the many Manslaughters, BUT if that person kills themselves, who is he/she going to tell?

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**Author:** ![Malleus\_Incus\_Stapes](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/malleus_incus_stapes/32/3293_2.png) [@Malleus\_Incus\_Stapes](https://boards.straightdope.com/u/Malleus_Incus_Stapes)\
**Post date:** [June 24, 2010, 3:27pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/5 "2010-06-24T15:27:22Z")

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[QUOTE=Wilbo523]  
What about a request on a message board?  
[/QUOTE]

Wasn’t there a case like this recently? Some sicko was posting on message boards as a nurse and encouraging suicidal people to go through with it. Apparently he liked the power rush from being in control of life and death, or something. It was on the front page of the NYT, and the court (the Supreme Court?) was arguing about whether they could convict someone for what they said on the Internet.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 24, 2010, 5:07pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/6 "2010-06-24T17:07:36Z")

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Promoting suicide is a felony in New York.

> [@](#):
>
> S 120.30 Promoting a suicide attempt.  
> A person is guilty of promoting a suicide attempt when he intentionally causes or aids another person to attempt suicide.  
> Promoting a suicide attempt is a class E felony.

So I suppose the argument was over whether encouraging somebody via online messages to commit suicide could be defined as causing them to commit suicide.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 24, 2010, 5:13pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/7 "2010-06-24T17:13:23Z")

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And the person in the OP would also be guilty of coercion in New York.

> [@](#):
>
> S 135.60 Coercion in the second degree.  
> A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:
> 
> 1. Cause physical injury to a person; or
> 2. Cause damage to property; or
> 3. Engage in other conduct constituting a crime; or
> 4. Accuse some person of a crime or cause criminal charges to be instituted against him; or
> 5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;or
> 6. Cause a strike, boycott or other collective labor group action injurious to some person`s business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
> 7. Testify or provide information or withhold testimony or information with respect to another`s legal claim or defense; or
> 8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
> 9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.  
> Coercion in the second degree is a class A misdemeanor.
> 
> S 135.65 Coercion in the first degree.  
> A person is guilty of coercion in the first degree when he or she commits the crime of coercion in the second degree, and when:
> 
> 1. He or she commits such crime by instilling in the victim a fear that he or she will cause physical injury to a person or cause damage to property; or
> 2. He or she thereby compels or induces the victim to:  
> (a) Commit or attempt to commit a felony; or  
> (b) Cause or attempt to cause physical injury to a person; or  
> (c) Violate his or her duty as a public servant.  
> Coercion in the first degree is a class D felony.

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**Author:** ![HawksPath](https://avatars.discourse-cdn.com/v4/letter/h/f07891/32.png) [@HawksPath](https://boards.straightdope.com/u/HawksPath)\
**Post date:** [June 24, 2010, 5:24pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/8 "2010-06-24T17:24:09Z")

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Check out Survivor by Chuck Palahniuk novel. The main character is involved with encouraging suicides from a “suicide hotline”.

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**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\
**Post date:** [June 24, 2010, 5:42pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/9 "2010-06-24T17:42:36Z")

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So what is the difference between all these things? Class B felony, Class D felony, Class A misdemeanor? Is it simply that the prescribed punishment is different?

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**Author:** ![heathen\_earthling](https://avatars.discourse-cdn.com/v4/letter/h/13edae/32.png) [@heathen\_earthling](https://boards.straightdope.com/u/heathen_earthling)\
**Post date:** [June 24, 2010, 9:11pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/10 "2010-06-24T21:11:02Z")

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I once had an idea for a story about an underground music label that puts out a call for submissions to a compilation CD by suicidal artists, and only publishes them on the CD if it can be confirmed that the artist had followed through on their suicide. Seems to be legal in Indiana (no force, duress, or deception involved), but probably illegal in New York?

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**Author:** ![UncleFred](https://avatars.discourse-cdn.com/v4/letter/u/f0a364/32.png) [@UncleFred](https://boards.straightdope.com/u/UncleFred)\
**Post date:** [June 24, 2010, 9:23pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/11 "2010-06-24T21:23:05Z")

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> [@Gus\_Handsome](#):
>
> Suppose I said to someone,
> 
> “Kill yourself by tomorrow **or I will go and kill your entire family** ”.  
> The person goes out and kills himself based on my threat.

Assault?

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 25, 2010, 1:24am UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/12 "2010-06-25T01:24:30Z")

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> [@](#):
>
> So what is the difference between all these things? Class B felony, Class D felony, Class A misdemeanor? Is it simply that the prescribed punishment is different?

Essentially, it’s the length of the potential prison sentence.

Class A Felony - maximum sentence of life  
Class B Felony - maximum sentence of twenty-five years  
Class C Felony - maximum sentence of fifteen years  
Class D Felony - maximum sentence of seven years  
Class E Felony - maximum sentence of four years  
Class A Misdemeanor - maximum sentence of one year  
Class B Misdemeanor - maximum sentence of three months  
Violation - maximum sentence of fifteen days

There’s a lot more details but this gives you the basic idea.

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**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [June 25, 2010, 1:41am UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/13 "2010-06-25T01:41:40Z")

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Prosecutors sometimes charge suicide-enablers with conspiracy to commit murder, which can carry the same penalty as murder. But that generally requires some act beyond merely telling the person to kill themselves.

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**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\
**Post date:** [June 25, 2010, 4:16pm UTC](https://boards.straightdope.com/t/could-i-be-convicted-of-murder-if-i-encourage-someone-to-commit-suicide/544335/14 "2010-06-25T16:16:00Z")

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> [@Malleus\_Incus\_Stapes](#):
>
> Wasn’t there a case like this recently? Some sicko was posting on message boards as a nurse and encouraging suicidal people to go through with it. Apparently he liked the power rush from being in control of life and death, or something. It was on the front page of the NYT, and the court (the Supreme Court?) was arguing about whether they could convict someone for what they said on the Internet.

Actually, he really was a nurse, but he presented himself as a female nurse on the internet. [One story](http://www.independent.co.uk/news/world/americas/former-nurse-charged-with-aiding-britons-suicide-1953191.html).

He’s being charged with encouraging suicide. He wasn’t threatening his victims, but giving them instructions on how to commit suicide, and entering into suicide pacts with them. 2 people actually followed through on it.
