Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY
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Cal. Penal Code § 401 (2026)

✓ current as of May 2026
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(a)Any person who deliberately aids, advises, or encourages another to commit suicide is guilty of a felony.

(b)A person whose actions are compliant with the provisions of the End of Life Option Act (Part 1.85 (commencing with Section 443) of Division 1 of the Health and Safety Code) shall not be prosecuted under this section.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1967–2022 · leading case: Washington v. Glucksberg, 521 U.S. 702 (1997).
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Washington v. Glucksberg, 521 U.S. 702 (1997). · cites it 2× “§ 5-10-104 (a)(2) (1993); Cal. Penal Code Ann. § 401 (West 1988); Colo.”
Forden v. Joseph G., 667 P.2d 1176 (Cal. 1983). · cites it 4× “) 3 State statutes which criminalize assisting suicide as a specific offense include: Cal. Pen. Code, § 401; Del. Code Ann., tit.”
State v. Sage, 510 N.E.2d 343 (Ohio 1987). ““States that have criminalized assisting suicide as a specific offense include Cal. Penal Code § 401 (West 1970); Conn. Gen.”
McCollum v. CBS, INC., 15 Media L. Rep. (BNA) 2001 (Cal. Ct. App. 1988). · cites it 2× “It is not sufficient to allege, as plaintiffs do here, that defendants “intentionally disseminated” Osbourne’s music to the general public although they knew, or should have known, that there were emotionally fragile people who could have an adverse reaction to it.”
Kevorkian v. Arnett, 939 F. Supp. 725 (C.D. Cal. 1996). · cites it 15× “Cal.Penal Code § 401 states: Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony.”
Morris v. Brandenburg, 2015 NMCA 100 (N.M. Ct. App. 2015). “, Cal. Penal Code § 401 (1905). {4} Uncertain about the legality of aid in dying in New Mexico, Drs.”
People v. Thomas C., 183 Cal. App. 3d 786 (Cal. Ct. App. 1986). “” (Pen. Code, § 401.) As minor points out, the California Supreme Court has addressed the issue of the legal culpability of an individual who assists another in the commission of suicide in two cases: People v.”
Donorovich-Odonnell v. Harris, 241 Cal. App. 4th 1118 (Cal. Ct. App. 2015). “” 1 The crime is punishable by a state prison term of 16 months, two years, or three years (§ 18, subd. (a); Ryan N., supra, 92 Cal.”
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “§ 5-10-104 (Michie 1987); CAL.PENAL CODE § 401 (Westlaw 1996); COLO.”
In Re Butterfield, 253 Cal. App. 2d 794 (Cal. Ct. App. 1967). “) Penal Code section 401 does denounce one who encourages or aids another to commit suicide.”
Shavelson, M.D. v. California Dep't of Health Care Servs. (N.D. Cal. 2022). · cites it 3× “14(a) (emphasis added); see also Cal. Penal Code § 401 (b). B Sandra Morris is a California resident who has amyotrophic lateral sclerosis (ALS), a disease that destroys nerve cells in the brain and spinal cord, causing progressive loss of muscle control.”
Shavelson, M.D. v. California Dep't of Health Care Servs. (N.D. Cal. 2021). “17(f); Cal. Penal Code § 401 . This preliminary injunction motion is brought by two people with neurodegenerative diseases.”
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— Cal. Penal Code § 401(a) — 1 case
Shavelson, M.D. v. California Dep't of Health Care Servs. (N.D. Cal. 2022). “14(a) (emphasis added); see also Cal. Penal Code § 401 (b). B Sandra Morris is a California resident who has amyotrophic lateral sclerosis (ALS), a disease that destroys nerve cells in the brain and spinal cord, causing progressive loss of muscle control.”
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