Georgia Laws on Assisted Suicide & Penalties
Under O.C.G.A. 16-5-5(3)(b), any person with actual knowledge that a person intends to commit suicide who knowingly and willingly assists such person in the commission of such person’s suicide shall be guilty of a felony. Upon conviction, the defendant shall be punished by imprisonment for not less than one nor more than ten years. Also, defined under Georgia law, “assists” means the act of physically helping or physically providing the means. “Suicide” means the intentional and willful termination of one’s own life. Therefore, in an assisted suicide case, the State must prove that the defendant knowingly and willfully aided a person in their suicide beyond a reasonable doubt.
Moreover, the provisions of this code do not apply to—pursuant to a patient’s consent—any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient’s pain or discomfort but are not calculated or intended to cause such patient’s death, even if the mediation or medical procedure may have the effect of hastening or increasing the risk of death. Or, pursuant to a patient’s consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment or hydration. This particular section of the Georgia statute concerns a patient’s consent to move forward with medical treatment or to refuse medical treatment. Thus, although a patient may consent to assisted suicide, it is still illegal for a person to knowingly and willingly assist anyone with committing suicide.
Also, under the statute, if a healthcare provider is convicted of violating Georgia’s assisted suicide laws, the provider has to notify in writing the applicable licensing board for his or her licensure/certification within ten days of being convicted. O.C.G.A. 16-5-5(c)(1), (2), (d).
