(1) (a) As used in this section: (i) (A) "Aid" means the act of providing the physical means. (B) "Aid" does not include the withholding or withdrawal of life sustaining treatment procedures to the extent allowed under Title 75A, Chapter 9, Uniform Health Care Decisions Act, or any other laws of this state. (ii) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by law to administer, dispense, distribute, or prescribe medications or procedures in the course of professional practice. (iii) "Provides" means to administer, prescribe, distribute, or dispense. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aiding or encouraging suicide if: (a) the actor intentionally, and with knowledge that another individual intends to die by suicide or attempt to die by suicide, aids the individual to die by suicide; or (b) (i) the actor, on four or more separate occasions, intentionally encourages another individual to die by suicide; (ii) the actor is reckless as to whether the actor's course of conduct described in Subsection (2)(b)(i) would imminently cause the individual to die by suicide or attempt to die by suicide after a fourth or subsequent encouragement to die by suicide; and (iii) the individual described in Subsection (2)(b)(i) dies by suicide or attempts to die by suicide. (3) A violation of Subsection (2) is a second degree felony with a mandatory fine of not less than $10,000. (4) Upon a conviction for a violation of Subsection (2) , the court shall order the imposition of at least the applicable minimum fine of the amount described in Subsection (3) and may not waive or suspend the fine. (5) (a) A practitioner does not violate Subsection (2)(a) if the practitioner provides medication or a procedure to treat an individual's illness or relieve an individual's pain or discomfort, regardless of whether the medication or procedure may hasten or increase the risk of death to the individual to whom the practitioner provides the medication or procedure. (b) Notwithstanding Subsection (5)(a) , a practitioner violates Subsection (2)(a) if the practitioner knowingly provides the medication or procedure to aid the individual to die by suicide or attempt to die by suicide.
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