Section 312 ter: Receiving or procuring a minor aged 15 to 18

Firm annotation

Section 312 ter turns on dishonesty. The elements of paragraph one are (1) acting dishonestly, (2) receiving, disposing of, procuring, seducing or taking away, (3) a person over fifteen but not over eighteen years of age, (4) even with that person's consent. Dishonesty is the controlling element and carries the meaning given by Section 1(1), namely seeking a benefit to which one is not entitled by law for oneself or for another. Because consent is expressly excluded as an answer, the willingness of the young person is irrelevant. The penalty is up to five years, or a fine of up to 100,000 baht, or both. Paragraph two applies the same acts to a child not over fifteen and raises the penalty to up to seven years, or a fine of up to 140,000 baht, or both; where that child is not over thirteen, Section 321/1 bars the offender from pleading ignorance of the child's age. The section fills the space left by its neighbours. Section 312 requires the purpose of reducing the person to slavery and is heavier. Section 283 bis requires an indecent purpose. Section 318 and Section 319 require the taking to be away from the parents, guardian or carer, which Section 312 ter does not: it is committed wherever the young person is obtained, and it reaches the receiver and the disposer as well as the taker.