Article 306: Abandoning a child not over nine years of age

Firm annotation

Section 306 has four elements, and all of them must be present: (1) abandoning a child not over nine years of age, (2) at any place, (3) in order to rid himself of that child, and (4) in a manner that leaves the child without anyone to care for it. The purpose of ridding oneself of the child is what distinguishes an abandonment from leaving a child temporarily, and the fourth element excludes a case where the child is left with someone who will in fact look after it, such as at a hospital or with a relative who accepts the charge. No relationship to the child and no legal duty need be shown, so the section can be committed by anyone, not only a parent. That is the main difference from Section 307, which is built on a duty arising under the law or under a contract but is not limited by the age of the person abandoned. The penalty is up to three years, or a fine of up to 60,000 baht, or both. Where the abandonment causes the child to die or to suffer grievous bodily harm, Section 308 applies instead the punishment prescribed in Section 290, Section 297 or Section 298, as the case may be. The age of nine is a bright line; an older child is protected by this chapter only through Section 307, and then only where someone owed the relevant duty. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.