18c2505s

§ 2505.  Causing or aiding suicide.

(a)  Causing suicide as criminal homicide.--A person may be convicted of criminal homicide for causing another to die by suicide only if he intentionally causes such suicide by force, duress or deception.

(b)  Aiding or soliciting suicide as an independent offense.--A person who intentionally aids or solicits another to die by suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a misdemeanor of the second degree.

(c)  Sentencing.--

(1)  The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under this section when at the time of the offense the person who died by suicide or was aided or solicited to die by suicide is under 18 years of age or has an intellectual disability or autism spectrum disorder.

(2)  As used in this subsection, the following words and phrases shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise:

"Autism spectrum disorder."  As defined under 42 Pa.C.S. § 5992 (relating to definitions), regardless of the age of the individual.

"Intellectual disability."  Regardless of the age of the individual, significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas:

(i)  Communication.

(ii)  Self-care.

(iii)  Home living.

(iv)  Social and interpersonal skills.

(v)  Use of community resources.

(vi)  Self-direction.

(vii)  Functional academic skills.

(viii)  Work.

(ix)  Health.

(x)  Safety.

18c2505v

(Sept. 30, 2021, P.L.400, No.71, eff. 60 days)