Legal theory regarding the illegality of faking your death.?

If you were to fake your death and not prosper from it, the only way you should be violating any laws is if your actions placed undue burden on any person or the state. For instance, if the state had to serve as executor to your will, then you came back to regain your goods, the state could possibly sue you for damages.

In short, you're not committing an offense against society, so there should be no felonious attribution to your act. Thus, the only issues you would have is if you violated some contract or otherwise damaged an entity financially. In that case, I would presume the only possible ramifications would be financial in nature.

I like the question. You are right it is intriguing. I do not think it would be legal, but do not know why...mainly my opinion comes from the idea that there are legal things that take place upon your death...such as probate, etc. Causing these legal things to take place without cause would potentiall be fraud.

I do have to say that I am spitballing here.

EDIT: Fraud does not have to benefit you. If your actions cost others money, it is just as much fraud. And there are costs involved in probate, etc.

By law everyone in the US is supposed to have a birth certificate when we are born and a death certificate when we die. These are legal documents, so if nothing else you would be guilty of falsifying a legal document when faking your death if a certificate was issued, right?

By the way, cool question- have a star on me.

Faking your own death results in a false public record of death, hence, perjury. It also can waste public resources of police, courts, etc. which can be regarded as a willful misuse of public resources.

On the other hand, you can legally disappear. There are many cases in which people simply vanish without saying a word to anyone. They can not be held liable for police resources used in finding them because they didn't ask anyone to report them missing.

Fraud.

That is a legal theory under misrepresentation.

EDIT: Here is a case of one of the most notable frusdsters who faked his own death. One of the underlying reasons it is illegal, is because tax dollars paid for the police to investigate the crime.

I think that it depends upon the statute of limitations for prosecution. I don't know what state you are in and what applicable statute, but you should be aware of the fact that many statutes of limitations have clauses that allow for a "tolling" of the statute in cetain circumstances. Some of those circumstances include when the victim could not have known about the injury and the statute for prosecution begins from the date that the victim should have known about the injury.