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Is suicide a crime? Historically, various states listed the act as a felony, but all were reluctant to enforce it. By 1963, six states still considered attempted suicide a crime (North and South Dakota, Washington, New Jersey, Nevada, and Oklahoma, which repealed its law in 1976). By the early 1990s only two U.S. states still listed suicide as a crime, and these have since removed that classification. In some U.S. states, suicide is still considered an unwritten common law crime as stated in Blackstone's Commentaries.
But, even then, it is not the person wanting to die that is prosecuted, it is the person assisting the person wanting to commit suicide. In order to understand the legality â or illegality â of suicide, suicide must be divided into unassisted and assisted suicide. Once separated from assisted suicide, unassisted suicide must then be divided between those states where it is legal and those where it is illegal.