S. 3397 — ECCHO Act

This section establishes a new federal criminal offense in 18 U.S.C. §2261C prohibiting any person from intentionally coercing a minor (i.e., under age 18), directly or through an intermediary and using the mail or interstate/foreign commerce, to (1) die by suicide or attempt to do so, or kill/attempt to kill any individual; (2) kill/attempt to kill any pet, emotional support animal, service animal, or horse; (3) strangle, suffocate, poison, burn, lacerate, or inflict serious or substantial bodily injury on any individual (including the minor), pet, emotional support animal, service animal, or horse; or (4) commit/attempt to commit arson or a covered act (i.e., doxxing, swatting, or false report of an active/imminent threat) that is chargeable as a crime. Violations of subsection (b)(1) are punishable by fine, imprisonment for any term of years or life, or both; violations of subsection (b)(2)-(4) are punishable by fine or imprisonment for not more than 30 years, or both.

This section amends 18 U.S.C. 5032 to add coercion of children to commit harm (18 U.S.C. 2261C) to the list of qualifying offenses—previously felonious crimes of violence; offenses under 21 U.S.C. 841 (Controlled Substances Act §401), 952(a), 953, 955, 959, or 960(b)(1), (2), or (3) (Controlled Substances Import and Export Act); or 18 U.S.C. 922(x) or 924(b), (g), or (h)—for which the Attorney General may certify federal jurisdiction over a juvenile alleged to have committed an act of juvenile delinquency. (As background, 18 U.S.C. 5032 requires the Attorney General to certify to a federal district court that a state lacks or refuses jurisdiction, has inadequate programs for the juvenile's needs, or that a substantial federal interest exists before federal proceedings against a juvenile, who is generally under age 18, may proceed instead of surrendering the juvenile to state authorities.)

This section establishes a severability clause, providing that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and all other applications thereof, remain in effect.