Most states have laws against aiding a suicide or assisted suicide. These laws are usually found in the state’s statutes, and sometimes in the state’s court opinions or case law (common law). The severity level of these crimes range from misdemeanors to felonies.
In Montana, the issue of assisted suicide is somewhat unique compared to other states. While many states have explicit statutes criminalizing assisted suicide, Montana does not have a statute that directly addresses it. Instead, the legality of physician-assisted suicide in Montana was largely shaped by a 2009 Montana Supreme Court decision in the case of Baxter v. Montana. The court held that nothing in Montana state law specifically prohibits a physician from honoring a terminally ill, mentally competent patient's request for medication to end the patient's life. As a result, physician-assisted suicide is in a legal gray area in Montana, where it is neither clearly prohibited nor expressly permitted by statute. However, it is important to note that without explicit legislative action, the practice is not regulated, and physicians may still be at risk of legal consequences. Outside of physician-assisted suicide, aiding or encouraging another person to commit suicide could potentially be prosecuted under other criminal statutes, such as deliberate homicide or accountability for conduct of another, depending on the circumstances.