Section 318: Taking an unwilling minor aged 15 to 18

Firm annotation

Section 318 protects the custody of a minor's parents, guardian or carer rather than the minor's own liberty, which is why the offence can be complete even though the minor comes to no harm at all. The elements of paragraph one are (1) taking a minor over fifteen but not over eighteen years of age away, (2) from its parents, guardian or carer, (3) without that minor being willing to go. Paragraph two makes a person who dishonestly buys, disposes of or receives a minor taken away in that manner liable to the same punishment as the taker. Paragraph three raises the penalty where the offence is committed for profit or for an indecent purpose. The punishments are two to ten years and a fine from 40,000 to 200,000 baht for the base offence, and three to fifteen years and a fine from 60,000 to 300,000 baht where paragraph three applies; the fines are mandatory rather than alternatives. The group divides on age and on willingness. Section 317 covers a child not over fifteen taken away without reasonable cause, where willingness is irrelevant, at three to fifteen years rising to five to twenty. Section 318 covers an unwilling minor between fifteen and eighteen. Section 319 covers a willing minor of that same age, but only where the taking is for profit or for an indecent purpose, so taking a willing sixteen-year-old for no such purpose is not an offence under this group at all. The current rates were set by Section 11 of the Penal Code Amendment Act (No. 26) B.E. 2560.