Section 313 — Abduction to gratify sexual desire
English translation
Whoever, in order to gratify the sexual desire of another person, takes away another person, or detains or confines another person, by deceitful means, threat, use of violence, unlawful exercise of dominating influence, or by any other means of coercion, shall be punished with imprisonment from one year to ten years and a fine from twenty thousand Baht to two hundred thousand Baht.
Whoever, in order to gratify his own sexual desire, takes away another person, or detains or confines another person, by deceitful means, threat, use of violence, unlawful exercise of dominating influence, or by any other means of coercion, shall be punished with imprisonment from one year to fifteen years and a fine from twenty thousand Baht to three 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 313 targets abduction or confinement carried out for a sexual purpose, using coercive or deceptive means. Its elements are: taking away, detaining, or confining the victim; by one of the listed means (deceit, threat, violence, unlawful dominating influence, or any other coercion); with the purpose of gratifying sexual desire. The section separates two grades by whose desire is being served: paragraph one, another person's desire (one to ten years), and paragraph two, the offender's own desire (one to fifteen years). Because the offence is defined by coercive means and sexual purpose, it is distinct from Section 314 (abduction for indecency by similar means) and from Section 315, which addresses taking a consenting minor aged over fifteen but not over eighteen. Section 320 allows a reduced sentence where the offender voluntarily returns the victim unharmed before the trial court's judgment.
Why this matters in practice
Penalty exposure is substantial, up to fifteen years where the offender acts to gratify their own desire, with a mandatory fine. The coercive or deceptive means and the sexual purpose are the elements most often contested, so the defence may dispute consent, the presence of a threat or undue influence, or the alleged purpose. This offence is frequently charged together with rape or indecent-assault provisions arising from the same episode, and the courts apply the single-act, most-severe-provision rule where the conduct overlaps. Section 320 offers real mitigation: voluntarily returning the victim unharmed before judgment lets the court sentence below the statutory minimum. Early online consultation with a Thai lawyer is advisable for anyone involved.
Frequently asked questions
What is the difference between the two paragraphs of Section 313?
Paragraph one applies where the abduction serves another person's sexual desire (one to ten years); paragraph two applies where it serves the offender's own desire (one to fifteen years), which carries the heavier penalty.
Can returning the victim reduce the sentence?
Yes. Under Section 320, voluntarily returning the victim to a safe place unharmed before the trial court's judgment allows the court to impose a sentence below the statutory minimum.