(1) As used in this section, “encourage” means to persuade, incite, or urge.
(2) A person commits the offense of encouraging the suicide of another person if: The person uses persistent language, either spoken or written, to purposely encourage another person to commit suicide; and
(3) As a proximate result of the person's encouraging the suicide of the other person, the other person commits suicide or attempts to commit suicide and the attempt results in serious physical injury.
(4) Encouraging the suicide of another person is a Class D felony.
(5) A person may not be convicted of encouraging the suicide of another person if the person has been charged with, tried for, or convicted of a homicide offense under the theory of accomplice liability that arises out of the same set of facts.