Section 1 Short title
This Act may be cited as the “Ending Coercion of Children and Harm Online” or the “ECCHO Act”.
Ending Coercion of Children and Harm Online
A BILL
To make coercion of children to commit harm a criminal offense, and for other purposes.
Sec. 2 Coercion of children to commit harm
Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following:
“2261C. Coercion of children to commit harm
“(a) Definitions—For purposes of this section:
“(1) Coerce—The term coerce includes the use of extortion, threats, fraud, deceit, duress, intimidation, harassment, humiliation, degradation, or manipulation.
“(2) Covered act—The term covered act means doxxing, swatting, or making a false report about an active or imminent threat.
“(3) Doxxing—The term doxxing means the act of publishing the personally identifiable information of an individual for the purpose of harassing or intimidating the individual.
“(4) Minor—The term minor means any individual who has not attained the age of 18 years.
“(5) Substantial bodily injury—The term substantial bodily injury has the meaning given that term in section 113.
“(6) Swatting—The term swatting means the act of making a false report to emergency services about an individual for the purpose of causing a special weapons and tactics team to respond to the location of the individual.
“(b) Offense—It shall be unlawful for any person, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, to intentionally coerce a minor, directly or through an intermediary, to—
“(1)
“(A) die by suicide or attempt to die by suicide; or
“(B) kill or attempt to kill any individual;
“(2) kill or attempt to kill any, pet, emotional support animal, service animal, or horse;
“(3) strangle, suffocate, poison, burn, lacerate, or inflict serious bodily injury or substantial bodily injury on any individual (including the minor), pet, emotional support animal, service animal, or horse; or
“(4) commit, or attempt to commit—
“(A) arson; or
“(B) a covered act for which any person can be charged with a criminal offense.
“(c) Penalty—Any person who violates, or attempts or conspires to violate—
“(1) subparagraph (A) or (B) of subsection (b)(1) shall be fined under this title, imprisoned for any term of years or life, or both; or
“(2) paragraph (2), (3), or (4) of subsection (b) shall be fined under this title, imprisoned not more than 30 years, or both.”
Sec. 3 Clerical and conforming amendments
Clerical amendment— The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following:
Conforming amendments—
Title 18—
Chapter 110— Chapter 110 of title 18, United States Code, is amended—
in section 2252A(g), by inserting “section 2261C,” after “section 1591,”; and
in section 2258A—
in subsection (a)—
in paragraph (1)(A), by striking “online child sexual exploitation and to prevent the online sexual exploitation of children” and inserting “, and to prevent, online child sexual exploitation and online coercion of children”; and
in paragraph (2)(A)—
by striking “or 2260 that involves child pornography,” and inserting “2260, 2261C, or 2422(b), or”; and
by striking “, or of 2422(b)”;
in subsection (b), in the matter preceding paragraph (1), by striking “sexual” and inserting “online”;
in subsection (c)—
in paragraph (1), by striking “, kidnapping or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”;
in paragraph (2), by inserting “or kidnapping, online coercion, or enticement crimes involving children” after “sexual exploitation”; and
in paragraph (3), by striking “, kidnapping or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”;
in subsection (d)(5)(A)(ii)(II), by striking “, kidnapping, or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”;
in subsection (g)(3)—
in subparagraph (A), by striking “, kidnapping, or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”;
in subparagraph (B), by striking “, kidnapping, or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”; and
in subparagraph (C), by striking “, kidnapping, or enticement crimes” and inserting “or kidnapping, online coercion, or enticement crimes involving children”; and
in subsection (h)(5), by striking “the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children” and inserting “or preventing the proliferation of online child sexual exploitation or online coercion of children”.
Section 3509— Section 3509(a)(2)(A) of title 18, United States Code, is amended by striking “physical abuse, sexual abuse, or exploitation” and inserting “child abuse”.
in the first undesignated paragraph—
by striking “or section 1002(a)” and inserting “section 1002(a)”; and
by striking “section 922(x) or section 924(b), (g), or (h) of this title” and inserting “or section 922(x), section 924(b), (g), or (h), or section 2261C of this title”; and
in the fourth undesignated paragraph, by striking “section 922(x) of this title, or in section 924(b), (g), or (h) of this title” and inserting “section 922(x), section 924(b), (g), or (h), or section 2261C of this title”.
PROTECT Our Children Act of 2008— Section 2 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended by striking paragraph (1) and inserting the following:
“(1) Child exploitation—The term child exploitation means—
“(A) any conduct, attempted conduct, or conspiracy to engage in conduct that—
“(i) violates chapter 110 or section 2261C, 2422(b), or 2423 of title 18; or
“(ii) involves a minor and violates section 1591 or chapter 109A of title 18; or
“(B) any sexual activity involving a minor for which any person can be charged with a criminal offense.”
Sec. 4 Severability
If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this Act, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.