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Section 22.08 is a short and rarely charged statute, but it is one of the few places where Texas law addresses conduct connected to another person's suicide.

What the Statute Says

(a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.

(b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony.

The Two Levels

CircumstanceOffense levelPunishment
Aiding or attempting to aidClass C MisdemeanorFine up to $500
Conduct causes suicide or attempted suicide resulting in serious bodily injuryState Jail Felony180 days – 2 years state jail, fine up to $10,000

"Serious bodily injury" is defined in Section 1.07 as bodily injury that creates a substantial risk of death, or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The Intent Element

The statute requires acting with intent to promote or assist the commission of suicide. That is a demanding mental state and it is where these cases are defended:

  • Failing to prevent a suicide is not aiding it. Texas law imposes no general duty to prevent another person's act.
  • Providing ordinary items or information that are later misused, without the required intent, does not satisfy the element.
  • Words of despair or agreement in a conversation are not the same as intent to assist.
  • Mental health context matters. Both parties in these cases are frequently in crisis, and the accused's own condition bears directly on intent.

Where the Statute Does Not Reach

Texas has a separate statutory framework in the Health and Safety Code governing advance directives, do-not-resuscitate orders, and the withholding or withdrawal of life-sustaining treatment. Lawful decisions made within that framework by patients, agents, and physicians are governed by those provisions.

If You Have Been Contacted About Such a Case

Investigations of this kind usually begin with the death or hospitalization of someone close to the accused, and officers often approach the person while they are grieving. Anything said will be used. Decline to give a statement and call counsel first.

This page is legal information about a criminal statute. If you or someone you know is struggling with thoughts of suicide, help is available — call or text 988 for the Suicide and Crisis Lifeline, any time.

Related

Charged in Harris County?

Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.

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Frequently Asked Questions


Is assisted suicide illegal in Texas?
Yes. Under Section 22.08, a person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.
What is the penalty for aiding suicide?
It is a Class C misdemeanor — a fine of up to $500 — unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which case it is a state jail felony punishable by 180 days to 2 years.
Does the statute require a specific intent?
Yes. The State must prove the actor acted with intent to promote or assist the commission of suicide. Conduct without that intent — including failing to prevent a suicide, or providing ordinary items later misused — does not satisfy the element.
Does this apply to end-of-life medical decisions?
Texas law separately governs advance directives, do-not-resuscitate orders, and the withholding or withdrawal of life-sustaining treatment under the Health and Safety Code. Those lawful medical decisions are governed by that framework rather than by this section.
What about online encouragement?
Cases involving encouragement by text or social media have been prosecuted in other states, and conduct of that kind can also implicate other Texas offenses. Anyone contacted by investigators about such a case should speak to a lawyer before making any statement.

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