Section 316 — Taking a child not over fifteen
English translation
Whoever takes a child not exceeding fifteen years of age away from the parents, guardian, or person taking care of the child, without reasonable cause, shall be punished with imprisonment from three years to fifteen years and a fine from sixty 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 316 protects the custodial authority of parents and guardians over young children not exceeding fifteen years of age. Compared with Section 315, which deals with young persons over fifteen but not over eighteen, this section reflects the greater protection given to younger children: no profit or indecent purpose is required, and no coercive means need be shown. The elements are simply taking the child away from those with lawful care, without reasonable cause. The child's consent is irrelevant, because the interest protected is the guardian's authority rather than the child's will. The penalty range, three to fifteen years, is heavier than Section 315, marking the vulnerability of the younger age group. Section 320 permits a reduced sentence where the offender voluntarily returns the child unharmed before the trial court's judgment.
Why this matters in practice
Exposure is significant, starting at a three-year minimum and reaching fifteen years, with a mandatory fine, reflecting the strong protection for children under fifteen. Because no purpose or coercion is required, the practical defence usually turns on reasonable cause, for example a genuine emergency or a claim of lawful custody, and on whether the child was in fact within another's care at the time. This provision commonly arises in family and custody disputes as well as in exploitation cases, so the facts around who held lawful care are often decisive. Section 320 mitigation is available for a voluntary safe return before judgment. Given the mandatory minimum, anyone accused should obtain online consultation with a Thai lawyer without delay.
Frequently asked questions
Does Section 316 require a profit or indecent purpose?
No. Unlike Section 315, taking a child not over fifteen without reasonable cause is an offence in itself, regardless of purpose and regardless of the child's consent.
Can family custody disputes fall under Section 316?
They can, since the section protects the authority of whoever lawfully cares for the child. Reasonable cause and lawful custody are the key issues that determine liability.