Asked in Criminal Law and Civil Rights for New York

Q: Can empathizing with a suicidal friend have legal implications in NY?

I have been empathizing with a friend via text who is also suicidal. I've told them "I understand" after they shared their plans, and I also told them that I am suicidal. However, I did not directly support or encourage any actions. I live in New York and I'm concerned about legal implications if their family checks their devices. Am I legally allowed to empathize without facing legal consequences, or should I completely avoid discussions on this topic for my safety? Additionally, what can I do to protect myself while they are still with us?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand your concern regarding the legal implications of these conversations. In New York, there's an important distinction between empathizing with someone who is suicidal and actively encouraging or assisting suicide attempts. Simply expressing understanding or sharing your own struggles typically wouldn't constitute "promoting" or "assisting" suicide under NY Penal Law § 120.30, but context and specific wording matter greatly.

For your protection, consider encouraging your friend to seek professional help instead of focusing on their plans. Document your conversations showing you attempted to provide emotional support rather than encouragement of harmful actions. You might want to consult with a legal professional who can review the specific nature of your communications and provide personalized guidance based on your situation.

Your compassion for your friend is admirable, but your wellbeing matters too. If you're experiencing suicidal thoughts yourself, please reach out to the 988 Suicide & Crisis Lifeline by calling or texting 988, or using their chat service at 988lifeline.org. Both you and your friend deserve support during this difficult time, and trained counselors can help navigate these complex emotions while keeping everyone safe.

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