Michelle Carter just got sentenced to 15 months on the charge of involuntary manslaughter for ‘wantonly and recklessly assisting in the suicide’, as the Grand Jury put it, of Conrad Roy.
Later in the article linked above I read this:
Say what? She was sentenced to 15 months for persuading him to commit suicide, even though the charge was involuntary manslaughter. It seems to me that it’s already illegal in Massachusetts to encourage suicide. If the state needs to create a law against it the implication would be that it’s not illegal at present. So how come this young woman has been convicted for encouraging someone to commit suicide before a law is passed? Color me confused.
She was convicted on a charge of assisting in suicide, which as Bricker points out is a conviction that can only be secure if there was a suicide. The proposed law is directed at inciting suicide.
To expand on this slightly, there is no such thing as attempted involuntary manslaughter (except in California, where it is no longer charged) - because attempt requires specific intent by definition (that is, the defendant must have intended the outcome rather than only the conduct). Involuntary manslaughter is a general intent crime, meaning the defendant need only have intended the conduct.
To analogize, battery is a general intent crime; at common law, the defendant need only have intended to make harmful or offensive conduct with the body of another. Burglary is a specific intent crime, because it requires the intent to commit a felony inside a dwelling.