Section 315 — Taking a consenting minor 15 to 18
English translation
Whoever, for the sake of profit or for an indecent act, takes a person over fifteen years but not over eighteen years of age away from the parents, guardian, or person taking care of that person, with that person's consent to go, shall be punished with imprisonment from two years to ten years and a fine from forty thousand Baht to two 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 315 protects the custodial authority of parents and guardians over young persons aged over fifteen but not over eighteen. Its distinguishing feature is that the young person's consent to go is no defence: the wrong is the interference with the guardian's authority, coupled with a profit or indecency purpose, not a lack of consent by the minor. This separates it from Sections 313 and 314, which require coercive or deceptive means and apply regardless of age. The purpose element (for profit or for an indecent act) is essential; without it, taking a consenting person of that age is not caught by this section. It sits alongside Section 316, which addresses taking a child not over fifteen without reasonable cause, and Section 320 permits a reduced sentence where the offender voluntarily returns the young person unharmed before the trial court's judgment.
Why this matters in practice
The most common misunderstanding here is that the young person agreed to go, so no offence occurred. Section 315 forecloses that argument: consent of a 15-to-18-year-old is irrelevant, and the exposure runs from two to ten years plus a fine. The live defences instead target the purpose element (whether the taking was truly for profit or an indecent act) and whether the young person was in fact under the guardian's authority at the time. Age proof of the young person is critical, as it fixes which taking-away provision applies. Section 320 mitigation is available for a voluntary safe return before judgment. A parent considering a complaint, or a person accused, should get online consultation with a Thai lawyer to assess the purpose and custody elements.
Frequently asked questions
Is the young person's consent a defence under Section 315?
No. The section applies even where the person aged 15 to 18 consents to go. The wrong is interference with the guardian's authority for a profit or indecent purpose, not lack of consent.
What must the prosecution prove beyond the taking away?
The purpose element: that the taking was for the sake of profit or for an indecent act. Without that purpose, taking a consenting person of that age does not fall under Section 315.