ECCHO Act
- Bill Number
- S. 3397
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-12-09: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-02T11:03:22Z
AI-Generated Summary
Purpose
The ECCHO Act aims to protect minors from online and other forms of coercion that lead them to harm themselves, others, or animals. It creates a new federal crime to address growing threats like cyberbullying, extortion, and manipulation that push children toward dangerous or self-destructive actions.
Key Provisions
- New Criminal Offense (18 U.S.C. § 2261C): It is illegal for anyone to intentionally coerce a minor (under 18) to engage in harmful acts, using mail, interstate or foreign commerce (e.g., internet or phone), or in U.S. territories. Coercion includes methods like threats, extortion, fraud, intimidation, harassment, or manipulation. Harmful acts include:
- Suicide or attempted suicide; or killing/attempting to kill another person.
- Killing/attempting to kill a pet, emotional support animal, service animal, or horse.
- Inflicting serious or substantial bodily injury (e.g., deep cuts, burns, or poisoning) on a person, pet, or animal through acts like strangling or suffocating.
- Committing or attempting arson (deliberately setting fires) or "covered acts" like doxxing (publicly sharing someone's personal information to harass them), swatting (falsely reporting an emergency to trigger a SWAT team response), or other false threat reports that are crimes.
- Penalties:
- For coercing suicide or homicide: Fines, imprisonment for any term of years up to life, or both.
- For other harms (e.g., animal cruelty, injury, arson, or covered acts): Fines, up to 30 years in prison, or both.
- Applies to attempts or conspiracies.
- Definitions: Key terms are defined clearly, such as "coerce" (pressure through threats or deceit) and "substantial bodily injury" (serious harm, as defined in existing law under 18 U.S.C. § 113, meaning injury causing extreme pain or prolonged impairment).
- Severability: If any part of the law is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
- Adds a new section (§ 2261C) to Chapter 110A of Title 18 U.S. Code, which deals with crimes against children like sexual exploitation and domestic violence.
- Updates multiple sections in Title 18 (e.g., §§ 2252A, 2258A, 3509, 5032) to include references to this new offense, expanding requirements for online platforms to report suspected coercion alongside child sexual exploitation. This broadens definitions of "child exploitation" and "online crimes" to cover non-sexual harms like coercion.
- Amends the PROTECT Our Children Act of 2008 (34 U.S.C. § 21101) to redefine "child exploitation" to include violations of the new coercion law, enticement, or sex trafficking involving minors.
- Makes clerical updates to the table of contents for easier reference.
Potential Impacts
- On Government Agencies: Increases workload for the Department of Justice (DOJ) and FBI in investigating and prosecuting online coercion cases. Enhances mandatory reporting by tech companies to the National Center for Missing & Exploited Children (NCMEC), potentially leading to more rapid responses to threats.
- On Citizens: Provides stronger legal protections for minors against online predators or bullies, deterring harmful behaviors. Parents and guardians may see improved tools for holding perpetrators accountable, but it could raise concerns about overreach in monitoring online activity.
- On International Relations: Limited direct impact, but as it covers "foreign commerce," it could apply to cross-border online coercion, aiding cooperation with international law enforcement on global platforms.
Main Stakeholders Affected
- Minors (under 18): Primary beneficiaries, protected from coercion leading to self-harm, violence, or other dangers.
- Families and Guardians: Gain legal recourse to address harms to children or pets.
- Perpetrators: Individuals (often online) engaging in coercion face severe penalties, including adults targeting minors via social media or apps.
- Law Enforcement and Prosecutors: DOJ, FBI, and local agencies must enforce the law, with expanded jurisdiction over interstate online acts.
- Online Platforms and Tech Companies: Required to detect and report coercion under updated rules, potentially increasing compliance costs for companies like social media providers.
- Animal Welfare Groups: Indirectly affected, as the law covers harm to pets and service animals.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal child protection framework by filling gaps in existing laws (e.g., cyberbullying statutes), allowing federal prosecution of acts that might otherwise fall under state laws. The severability clause protects the law's core from partial invalidation.
- Constitutional: Could face challenges under the First Amendment (free speech) if coercion methods involve protected expression, but the focus on intentional harm (e.g., threats) aligns with precedents allowing restrictions on true threats or incitement. No direct impact on other rights like due process.
- Political: Bipartisan sponsorship (e.g., by Sens. Grassley, Durbin, Klobuchar) signals broad support for child safety online, potentially influencing future tech regulation debates. It emphasizes non-sexual online harms, expanding beyond traditional child exploitation focus.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (15)
Sen. Durbin, Richard J. [D-IL], Sen. Klobuchar, Amy [D-MN], Sen. Cornyn, John [R-TX], Sen. Graham, Lindsey [R-SC], Sen. Shaheen, Jeanne [D-NH], Sen. Moody, Ashley [R-FL], Sen. Blackburn, Marsha [R-TN], Sen. Cruz, Ted [R-TX], Sen. King, Angus S., Jr. [I-ME], Sen. Kelly, Mark [D-AZ], Sen. Gallego, Ruben [D-AZ], Sen. Ossoff, Jon [D-GA], Sen. Slotkin, Elissa [D-MI], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Hyde-Smith, Cindy [R-MS]
Recent Actions
- 2025-12-09: Read twice and referred to the Committee on the Judiciary.
- 2025-12-09: Introduced in Senate
Bill Versions
- Ending Coercion of Children and Harm Online — issued 2025-12-09 — PDF (9 pages)