Michigan assisted suicide laws make it a felony to help another person commit or attempt suicide, with prison exposure of up to four or five years depending on which statute prosecutors charge under. Two separate laws — MCL 750.329a and MCL 752.1027 — cover this conduct, and either can be used. Suicide and attempted suicide themselves are not crimes; the criminal exposure falls on anyone who provides the means, participates in the act, or helps plan it.
What Counts as Assisting a Suicide
Under MCL 750.329a, a person commits a felony when, with intent to assist another in committing or attempting suicide, they do any of three things: provide the physical means, participate in a physical act by which the person attempts or completes suicide, or help the person plan the attempt. The statute also preserves Michigan’s common law offense of assisting suicide. Prosecutors can charge under either the statute or the common law, but a defendant cannot be convicted under both for the same conduct.1Michigan Legislature. MCL – Section 750.329a
MCL 752.1027 covers overlapping ground with slightly different language. It applies to a person who knows another individual intends to commit or attempt suicide and intentionally either provides the physical means or participates in the physical act.2Michigan Legislature. MCL – Section 752.1027 The main differences: MCL 750.329a explicitly reaches planning assistance, while MCL 752.1027 is limited to providing means or participating in the physical act. MCL 752.1027 also contains a broader medical exception.
Penalties
The maximum sentence depends on the charging statute.
- MCL 750.329a is a felony carrying up to five years in prison.3Michigan Legislature. Michigan Code Section 777.16p
- MCL 752.1027 is a felony carrying up to four years in prison, a fine of up to $2,000, or both.2Michigan Legislature. MCL – Section 752.1027
A felony conviction also brings consequences beyond the sentence: a permanent criminal record, possible loss of professional licenses, and restrictions on firearm ownership.
What the Laws Do Not Cover
Both statutes carve out exceptions so that ordinary end-of-life medical decisions are not swept in.
Withholding or Withdrawing Treatment
Neither MCL 750.329a nor MCL 752.1027 applies to withholding or withdrawing medical treatment.1Michigan Legislature. MCL – Section 750.329a A family that decides to discontinue life support, or a physician who honors a do-not-resuscitate order, is not committing a crime.
Pain Management That May Hasten Death
MCL 752.1027 adds a second exception. It does not apply to prescribing, dispensing, or administering medications or procedures intended to relieve pain or discomfort, even where the treatment may hasten or increase the risk of death.2Michigan Legislature. MCL – Section 752.1027 The provider’s intent controls: the medication must be aimed at comfort, not at causing death. This shields hospice and palliative care providers who administer aggressive pain relief to terminally ill patients.
That specific exception does not appear in MCL 750.329a, which only exempts withholding or withdrawing treatment. In practice, the intent element of MCL 750.329a offers similar protection, since prosecutors would still have to prove the physician acted with intent to help cause death.
The Person Attempting Suicide
Michigan does not criminalize attempting suicide. Neither statute targets the person who attempts or completes the act — only those who assist. If you or someone you know is in crisis, the 988 Suicide and Crisis Lifeline is available 24/7 by calling or texting 988.
Physician-Assisted Suicide Is Not Legal in Michigan
Michigan does not allow physician-assisted suicide or medical aid in dying. Both statutes apply to physicians, and a doctor who prescribes lethal medication for a patient to self-administer can be charged with a felony. Michigan voters rejected Proposal B, a 1998 ballot measure that would have legalized the practice under certain conditions, by roughly 70 to 30 percent. A 2023 bill, Senate Bill 681, would have repealed MCL 750.329a and the related statutes in MCL 752.1021 through 752.1027, but it died in committee.4Michigan Legislature. Michigan Senate Bill No. 681 (2023-2024)
Defenses to an Assisted Suicide Charge
Both statutes are built around intent, and that is where most defenses begin.
Lack of Intent
Under MCL 750.329a, the prosecution must prove the defendant acted with the intent to assist the suicide.1Michigan Legislature. MCL – Section 750.329a Under MCL 752.1027, the prosecution must prove both that the defendant knew of the person’s suicidal intent and that the defendant intentionally provided means or participated.2Michigan Legislature. MCL – Section 752.1027 Accident, negligence, or recklessness is not enough. Someone who left medication accessible without knowing another person planned to use it for self-harm would lack the required mental state.
Challenging Causation
The defendant’s conduct must have been a substantial factor in the suicide or attempt. A defense may argue the person’s decision was driven by other circumstances and that the defendant’s involvement was too minor to constitute meaningful assistance. This often turns on the person’s mental health history, other influences, and the timeline of events.
Duress
Michigan recognizes duress as a common law affirmative defense. A defendant compelled to assist through threats of death or serious bodily injury may argue the compulsion overcame their free will, negating the required mental state.5Michigan Courts. Duress Courts have noted duress is generally not a valid defense to homicide, so its use in an assisted-suicide case may depend on how prosecutors frame the charge.
Civil Lawsuits and Life Insurance
Criminal charges are not the only exposure. A person who assists or encourages a suicide may face a wrongful death lawsuit brought by the deceased person’s family. Michigan’s wrongful death statute, MCL 600.2922, allows survivors to sue whenever a death is caused by a wrongful act, neglect, or fault.6Michigan Legislature. MCL – Section 600.2922 The civil standard is preponderance of the evidence rather than beyond a reasonable doubt, so a civil judgment is possible even when criminal charges are declined or end in acquittal.
Suicide also affects life insurance. Nearly every policy includes a suicide exclusion clause that denies the full death benefit if the insured dies by suicide within the first two years of the policy. After that window, the full benefit is paid regardless of the cause of death. The exclusion period can reset if a policy lapses and is reinstated or if coverage is exchanged for a new policy. Michigan follows the standard two-year rule.
Federal Charges When Communications Cross State Lines
When encouragement or assistance involves interstate communications — text messages, social media, email, or phone calls across state lines — federal law may apply on top of Michigan charges. Under 18 U.S.C. § 2261A, using an interactive computer service or electronic communication to engage in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or causes substantial emotional distress, is a federal crime.7Office of the Law Revision Counsel. 18 U.S. Code 2261A – Stalking Penalties rise sharply if the victim dies. A single course of conduct can produce both state assisted-suicide charges and separate federal cyberstalking charges.