(a) As used in this Code section, the term:

(1) "Intentionally and actively assisting suicide" means direct and physical involvement, intervention, or participation in the act of suicide which is carried out free of any threat, force, duress, or deception and with understanding of the consequences of such conduct.

(2) "Suicide" means the intentional and willful termination of one's own life.

(b) Any person who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(c) Any person who knowingly and willfully commits any act which destroys the volition of another, such as fraudulent practices upon such person's fears, affections, or sympathies; duress; or any undue influence whereby the will of one person is substituted for the wishes of another, and thereby intentionally causes or induces such other person to commit or attempt to commit suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.

(d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment, including but not limited to, laws related to a living will, a durable power of attorney for health care, or a written order not to resuscitate.