In Re Ryan N.

Ryan N., a juvenile at the time of the incidents at issue in this criminal case, appeals from juvenile court findings and orders sustaining a petition under Welfare and Institutions Code section 602 alleging he had willfully and deliberately aided, advised or encouraged a suicide in violation of Penal Code section 401. He contends (1) there is insufficient evidence to support the finding of guilt as a matter of law, because there is no evidence he ever furnished a means whereby the victim could actually commit suicide; and (2) the trial court prejudicially violated his constitutional due process and confrontation rights by limiting his cross-examination of the victim. The unusual factual circumstances of this case present issues of criminal law and statutory interpretation which are questions of first impression.

We conclude the petition was wrongly sustained against appellant under section 401 because the victim’s attempt to commit suicide in fact failed, despite appellant’s active encouragement and furnishing of the intended means of suicide. However, on the basis of the substantial factual evidence in the record, we hold as a matter of law that appellant’s actions…