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Say that Bob the Bully keeps verbally abusing Alice. He tells her things like she's worthless and would be better off dead, etc.. Because of Bob, Alice self-harms. My questions are: Is Bob in any way liable for any of Alice's self-harm? What if Alice kills herself (and explicitly names Bob in her suicide note)? What if Bob verbally abused Alice knowing that she was of weak mental composition (and possibly suicidal)? What if Bob's intent was that Alice hurt/kill herself, and all he did was verbally abet it (with no forced coercion)?

On the one hand, there's free speech, and Alice "chose" of her own free will to do whatever she does to herself without anyone forcing her, so I'd think Bob will get off scott-free. But on the other hand, verbal abuse is real, and taking advantage of someone's suicidal tendencies to kill them seems on par with giving peanuts to someone with a peanut allergy (it seems innocuous, but the consequences are real and deadly). What does the letter of the law actually say on this matter?

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  • I feel like this is a law that will vary by jurisdiction (within the US) and by time. In other words any good answer today might be very different in 10 years. Even if it was a state law, the counties would vary in their enforcement. Commented Jan 27, 2025 at 14:14

3 Answers 3

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A conviction on manslaughter is an outlier

Under Massachusetts law, a person has been convicted of involuntary manslaughter for encouraging another person to commit suicide with words alone. This conviction was upheld on appeal to the Supreme Judicial Court of Massachusetts. The Supreme Court of the United States declined to hear the case. See Commonwealth v. Michele Carter, 481 Mass. 352 (Mass. 2019); petition for certiorari filed July 8, 2019; certiorari denied January 13, 2020). I can find no other example, and counsel for Ms. Carter said to the Supreme Court of the United States in 2019 that there was no other example.

The petition for certiorari said:

Massachusetts is the only state to have affirmed the conviction of a physically absent defendant who encouraged another person to commit suicide with words alone. Before this case, no state had interpreted its common law or enacted an assisted-suicide statute to criminalize such “pure speech,” and no other defendant had been convicted for encouraging another person to take his own life where the defendant neither provided the actual means of death nor physically participated in the suicide.

You correctly identified two issues: (1) causation; and (2) a possible First Amendment violation.

The facts are disturbing, so do not read on if you do not want to read about a person's death, but it is important to recount the facts to understand how far above mere bullying this was. The Supreme Judicial Court of Massachusetts wrote:

Although we recognize that legal causation in the context of suicide is an incredibly complex inquiry, we conclude that there was sufficient evidence to support a finding of proof of such causation beyond a reasonable doubt in the instant case. The judge could have properly found, based on this evidence, that the vulnerable, confused, mentally ill, eighteen year old victim had managed to save himself once again in the midst of his latest suicide attempt, removing himself from the truck as it filled with carbon monoxide. But then in this weakened state he was badgered back into the gas-infused truck by the defendant, his girlfriend and closest, if not only, confidant in this suicidal planning, the person who had been constantly pressuring him to complete their often discussed plan, fulfill his promise to her, and finally commit suicide. And then after she convinced him to get back into the carbon monoxide filled truck, she did absolutely nothing to help him: she did not call for help or tell him to get out of the truck as she listened to him choke and die.

The Court rejected the argument that this conviction was a First Amendment violation (citations removed):

We disagree and thus reaffirm our conclusion in Carter I that no constitutional violation results from convicting a defendant of involuntary manslaughter for reckless and wanton, pressuring text messages and phone calls, preying upon well-known weaknesses, fears, anxieties and promises, that finally overcame the willpower to live of a mentally ill, vulnerable, young person, thereby coercing him to commit suicide. We more fully explain our reasoning here. The crime of involuntary manslaughter proscribes reckless or wanton conduct causing the death of another. The statute makes no reference to restricting or regulating speech, let alone speech of a particular content or viewpoint: the crime is "directed at a course of conduct, rather than speech, and the conduct it proscribes is not necessarily associated with speech." The defendant cannot escape liability just because she happened to use "words to carry out [her] illegal [act]."

Lesser charges are available

That being said, for all of your questions, there are also lesser charges that might apply, such as harassment or inciting suicide (e.g. California Penal Code § 401; or for example from another country, see Canada's Criminal Code, s. 241).

The other two answers likewise describe offences other than manslaughter or murder, in Australia and England and Wales.

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Incitement to commit suicide is a crime

In addition, bullying or cyberbullying is also an offence even if the intent is not for the victim to take their own life.

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Yes, it's a serious crime under the Suicide Act 1961.

Section 2:

(1) A person (“D”) commits an offence if — (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and (b) D's act was intended to encourage or assist suicide or an attempt at suicide.

(1B) D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.

(1C) An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.

Section 2A:

(3) A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.

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  • If D satisfies the above, but believes there is virtually no possibility that suicide will occur, is this still an offence? It seems as though the answer would be yes Commented Jan 28, 2025 at 17:13
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    @FD_bfa That seems borderline to me. There has to be intent to encourage or assist suicide, so if D genuinely believes suicide is not a possibility then he could argue he didn't intend to encourage or assist it. Then again, you can still "encourage" someone to do something even though you don't believe they will. I think we'd need to see some case law to get a definite answer. Commented Jan 28, 2025 at 20:16

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