Section 283 bis: Taking a consenting minor aged 15 to 18 for indecency

Firm annotation

Section 283 bis protects a young person against being taken away for an indecent purpose, and its distinguishing feature is stated in the text itself: the offence is committed “even with that person's consent”, so consent is no answer. Paragraph one covers taking a person over fifteen but not over eighteen years of age away for an indecent purpose, and carries up to five years, or a fine of up to 100,000 baht, or both. Paragraph two applies the same act to a child not over fifteen and raises it to up to seven years, or a fine of up to 140,000 baht, or both. Paragraph three punishes concealing a person taken away under either paragraph with the punishment prescribed by the paragraph concerned. Paragraph four makes the offences under paragraphs one and three compoundable, but only where committed against a person over fifteen, so the child tier in paragraph two can never be settled; where the offence is compoundable Section 96 requires the complaint to be lodged within three months. The section is narrower than it first appears. Section 282 and Section 283 punish procuring, seducing or taking away in order to gratify the sexual desire of another person, an element this section does not require, since the offender's own indecent purpose is enough. Section 284 requires coercion, which this section does not. And Section 319, which also concerns a willing minor of the same age, protects the custody of the parents, guardian or carer rather than the minor, because the taking must be away from them.