In 2015, there was a highly publicized suicide case in Massachusetts involving Michelle Carter. This situation was commonly referred to as the “texting suicide case,” after Cater sent messages to a romantic partner, Conrad Roy, encouraging the act of suicide.
As established in court documents, Roy expressed a desire and intent to commit suicide via various communications to Carter, including electronic messages and phone calls. Ultimately, the lynchpin in this case was their final phone call.
Roy appeared ready to abandon an attempt to commit suicide and called Carter. During that phone call, Carter encouraged Roy to follow through with the attempt and complete the act. After Roy did commit suicide, Carter was tried and convicted of involuntary manslaughter in Massachusetts.
Unlike Massachusetts, the Illinois Criminal Code includes a specific prohibition against this type of conduct. If the “texting suicide case” occurred in Illinois, the criminal case would likely involve charges for inducement to commit suicide, instead of involuntary manslaughter.
What are the Illinois Laws Against Inducement to Commit Suicide?
The Illinois statute governing inducement to commit suicide is 720 ILCS 5/12-34.5. There are two different versions of this offense. Under Section 12-34.5(a)(1), it is illegal to knowingly coerce a victim to commit suicide, and that victims commits – or attempts to commit – suicide as a direct result.
A key component to any prosecution involves the concept of control. To qualify as a violation of Section 12-34.5(a)(1), a defendant must exercise substantial control over the victim. Under this law, substantial control can involve:
(i) control of the other person’s physical location or circumstances; (ii) use of psychological pressure; or (iii) use of actual or ostensible religious, political, social, philosophical or other principles.
Section 12-34.5(a)(2) provides a second version of inducement to commit suicide in Illinois. This section addresses victims who have already demonstrated an intent to commit, or attempt to commit, suicide. If a defendant has knowledge of such an intent, it is unlawful to offer assistance, provide assistance, or participate in the ultimate act of suicide.
In this context, Section 12-34.5 clarifies a precise definition of an “attempt to commit suicide.” This term refers to any act that constitutes a substantial step toward the commission of suicide.
How Does Illinois Punish Inducement to Commit Suicide?
The Illinois punishment for inducement to commit suicide also appears under Section 12-34.5. Though depending on the circumstances of the offense, the penalty fluctuates between misdemeanor and various degrees of felony.
The first version of inducement to commit suicide under Section 12-34.5(a)(1) is always a felony. If the victim merely attempts to commit suicide, it is a Class 3 felony. If convicted, a defendant can face a prison sentence between two and five years as well as criminal fines up to $25,000.
If the victim actually commits suicide, however, a violation of Section 12-34.5(a)(1) is a Class 2 felony. If convicted, a defendant can face a prison sentence between three and seven years as well as criminal fines up to $25,000.
The second version of inducement to commit suicide under Section 12-34.5(a)(2) is sometimes a misdemeanor. If the victim merely attempts to commit suicide, it is a Class A misdemeanor. If convicted, a defendant can face a maximum of 364 days in jail and $2,500 in criminal fines.
Conversely, if the victim does commit suicide, a violation of Section 12-34.5(a)(2) is a Class 4 felony. If convicted, a defendant can face a prison sentence between one and three years as well as criminal fines up to $25,000.
