Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 1. Homicide
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Mont. Code Ann. § 45-5-105

(2021)

Aiding or soliciting suicide

(1) A person who purposely aids or solicits another to commit suicide, but such suicide does not occur, commits the offense of aiding or soliciting suicide.

(2) A person convicted of the offense of aiding or soliciting a suicide shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

Opinions construing this section

1 opinion
2009 MT 449 Dec 31, 2009 Affirmed in part, reversed in part
Robert Baxter v. State
Majority by W. William Leaphart · 4 to 2 with 2 concurring
ician’s indirect aid in dying is contrary to public policy. ¶39 There are three central problems with the Dissent’s response. First, the Dissent applies § 45-5-105, MCA—a statute that factually does not apply to Mr. Baxter’s appeal. This statute only applies if the suicide does not occur. Second, the Dissent massages the s
2009 MT 449 Dec 31, 2009 Affirmed in part, reversed in part
Robert Baxter v. State
Concurring by James C. Nelson · 4 to 2 with 2 concurring
ying is against public policy. In this regard, the Dissent is incorrect in stating that the Legislature eliminated the consent defense for aiding suicide under § 45-5-105, MCA. Dissent, ¶ 105. The Dissent points to nothing in the plain language of the consent statute standing for this proposition. Rather, the Dissent relies on the
2009 MT 449 Dec 31, 2009 Affirmed in part, reversed in part
Robert Baxter v. State
Dissenting by Jim Rice · 4 to 2 with 2 concurring
ade him the agent of the death, the offense is criminal homicide notwithstanding the consent or even the solicitations of the victim.” ~ Commission Comments, § 45-5-105, MCA. ¶99 Montana originally enacted a prohibition on the aiding or soliciting of suicide statute in 1895, providing that “[e]very person who deliberately aids
Official Annotations archive.org, 2021 edition
History:
En. 94-5-106 by Sec. 1, Ch. 513, L. 1973
R.C.M. 1947, 94-5-106
Amd. Sec. 7, Ch. 198, L. 1981
Source text on leg.mt.gov