Assisted Suicide :: Tennessee Criminal Lawyer Blog

For an offense that is not encountered frequently in the criminal justice system, the offense of assisted suicide has a long and complicated definition that needs plenty of explanation. First, the statute, T.C.A. 39-13-216, sets out what type of behavior qualifies as assisted suicide:

(

a) A person commits the offense of assisted suicide who:

(1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death; or

(2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death; and

(3) Provides the means or participates in the physical act with:
(A) Actual knowledge that the other person intends to bring about such person's own death; and
(B) The clear intent that the other person bring about such person's own death.

It is clear from the definition then that assisted suicide can be charged where the defendant helps another individual or enables another individual for the purpose of allowing that individual to commit suicide, which seems appropriate. However, this definition does raise issues about situations where one individual may withhold lifesaving treatment from another where both parties intend for one party to die. The legislature tries to clarify this with the second half of the statute:

(b) It is not an offense under this section to:
(1) Withhold or withdraw medical care as defined by § 32-11-103;

(2) Prescribe, dispense, or administer medications or perform medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medications or medical procedures may hasten or increase the risk of death; or

(3) Fail to prevent another from bringing about that person's own death.

Thus, it is not considered assisted suicide to fail to keep someone from killing themselves, to administer drugs to an individual for another purpose, or to carry out someone's wishes pursuant to a living will. Individuals should be careful, however, in making any decision that may end the life of another and should contact an East Tennessee criminal defense attorney to discuss the potential ramifications of any such decision.

Assisted suicide is a Class D felony, which means individuals convicted of this offense will generally face two to four years in prison if that person does not have a prior criminal history. Individuals charged with this offense or any other criminal charge should consult an experienced criminal defense attorney in order to present the best possible defense.