Penal Code

Section 284 — Taking a minor for indecency

English translation

Whoever takes away a person over fifteen but not over eighteen years of age for an indecent act, even with that person's consent, shall be liable to imprisonment from three to fifteen years and a fine from sixty thousand to three hundred thousand baht.
If the offence under paragraph one is committed against a child not over fifteen years of age, the offender shall be liable to imprisonment from five to twenty years and a fine from one hundred thousand to four hundred thousand baht.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Section 284 penalises taking a minor away for an indecent act and, unlike the coercion-based Section 283, expressly provides that the minor's consent is no defence. The elements are an act of taking away, a purpose of indecency, and a victim within the protected age band; consent is immaterial. The penalty is set in two tiers, three to fifteen years for a victim over fifteen but not over eighteen, and five to twenty years for a child not over fifteen. It frequently overlaps with the abduction offences of Sections 317 and 318 and with the various rape and indecent-act offences of Sections 276 to 283, and defendants are often charged under several of these at once.

Why this matters in practice

The key exposure point is that consent does not help: a person over fifteen but not over eighteen who agrees to go is still a victim in law, so a common misconception is not a defence. In practice this section is charged alongside abduction of a minor (Sections 317 to 318), and in some cases the injured party can withdraw the complaint, leading the court to strike that particular charge. Anyone facing such allegations should get advice on how the age tier and any linked abduction counts affect the sentence, ideally by booking a consultation before responding.

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 2535/2565 (2022)

    A charge under Section 284 may be disposed of when the injured person withdraws the complaint, and the court will strike that charge from the case.

    The defendant was charged under Sections 278, 283 bis, 284, 310, and 318. During trial the injured person withdrew the complaint on the Section 284 charge together with Sections 283 bis and 310, and the trial court struck those charges; conviction proceeded on Sections 278 and 318.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.

Frequently asked questions

Does the minor's consent matter under Section 284?

No. The section expressly applies even where the person taken away consents, so consent is not a defence to taking a minor for an indecent act.

What is the penalty under Section 284?

Imprisonment from three to fifteen years and a fine where the victim is over fifteen but not over eighteen, rising to five to twenty years and a heavier fine where the victim is a child not over fifteen.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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