Section 284: Taking a person away for indecency by coercion

Firm annotation

Section 284 is the coercive taking offence. Its elements are (1) taking another person away, (2) for an indecent purpose, (3) by deceitful means, by threat, by violence, by unjustly exercising influence, or by any other means of coercion. The age of the person taken is not an element, so the section applies whatever that person's age; what makes the conduct serious is the coercion. Paragraph two punishes a person who conceals someone taken away under paragraph one with the same punishment as the taker. The penalty is one to ten years and a fine from 20,000 to 200,000 baht, the fine being mandatory rather than an alternative. Despite that severity, paragraph three expressly makes the offence compoundable, so it may be settled between the parties, and Section 96 then requires the injured person to complain within three months of learning of the offence and the offender. The neighbouring provisions divide according to what the offender wanted and how the person was obtained. Section 283/2 covers taking a person over fifteen but not over eighteen for an indecent purpose even with consent, and requires no coercion. Section 283 covers procuring, seducing or taking away by the same coercive means but in order to gratify the sexual desire of another person, and is far heavier at five to twenty years. Under Section 284 the indecent purpose may be the offender's own. The current rates were set by Section 12 of the Penal Code Amendment Act (No. 26) B.E. 2560.