Section 1. Short title
This Act may be cited as the Ending Coercion of Children and Harm Online or the ECCHO Act.
Section 2. Coercion of children to commit harm
Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following:
(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—
(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.
(a) 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:
(A) Chapter 110
Chapter 110 of title 18, United States Code, is amended—
(i) in section 2252A(g), by inserting section 2261C, after section 1591,; and
(ii) in section 2258A—
(I) in subsection (a)—
(aa) 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
(bb) in paragraph (2)(A)—
(AA) by striking or 2260 that involves child pornography, and inserting 2260, 2261C, or 2422(b), or; and
(BB) by striking, or of 2422(b);
(II) in subsection (b), in the matter preceding paragraph (1), by striking sexual and inserting online;
(III) in subsection (c)—
(aa) in paragraph (1), by striking, kidnapping or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;
(bb) in paragraph (2), by inserting or kidnapping, online coercion, or enticement crimes involving children after sexual exploitation; and
(cc) in paragraph (3), by striking, kidnapping or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;
(IV) in subsection (d)(5)(A)(ii)(II), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;
(V) in subsection (g)(3)—
(aa) in subparagraph (A), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;
(bb) in subparagraph (B), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children; and
(cc) in subparagraph (C), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children; and
(VI) 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.
(B) 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.
(C) Section 5032
Section 5032 of title 18, United States Code—
(i) in the first undesignated paragraph—
(I) by striking or section 1002(a) and inserting section 1002(a); and
(II) 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
(ii) 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.
(2) 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.
Section 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.