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
| Circumstance | Offense level | Punishment |
|---|---|---|
| Aiding or attempting to aid | Class C Misdemeanor | Fine up to $500 |
| Conduct causes suicide or attempted suicide resulting in serious bodily injury | State Jail Felony | 180 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.
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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.