Section 318 — Taking a person outside the Kingdom
English translation
Whoever takes away another person, or detains or confines another person, in order to place the person taken away, detained, or confined under the power of another person outside the Kingdom, shall be punished with imprisonment from five years to fifteen years and a fine from one hundred thousand Baht to three hundred thousand Baht.
If the offence under the first paragraph is committed against a child not exceeding fifteen years of age, the offender shall be punished with imprisonment from ten years to twenty years and a fine from two hundred thousand Baht to four hundred thousand Baht, or imprisonment for life.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 318 addresses the deprivation of liberty carried out to transfer the victim into another person's power outside the Kingdom, a cross-border dimension that marks it out from the other taking-away offences in this Title. Its distinguishing element is the purpose of placing the victim under another's power beyond Thailand's borders, which typically arises in trafficking and forced-transfer scenarios. The section has two tiers: the base offence and an aggravated form where the victim is a child not exceeding fifteen, carrying up to life imprisonment. As with the neighbouring provisions, it is defined by purpose, so the offence is complete once the taking or confinement is done with that cross-border aim. Section 319 extends liability to concealing a person taken under this section.
Why this matters in practice
Exposure is high, starting at five years and reaching life imprisonment where a child not over fifteen is involved, with a mandatory fine. The cross-border purpose is the decisive element, so the defence commonly disputes whether the aim was truly to place the victim under another's power abroad, as opposed to travel with consent or for legitimate reasons. Because these facts frequently coincide with trafficking, the charge is often paired with the Anti-Trafficking in Persons Act, and age proof of the victim determines which tier applies. The offence is not compoundable. Anyone facing such an allegation should seek online consultation with a Thai lawyer promptly.
Frequently asked questions
What distinguishes Section 318 from other abduction offences?
The purpose of placing the victim under another person's power outside the Kingdom. That cross-border aim is the defining element and is where trafficking cases often engage this section.
Does the victim's age change the penalty?
Yes. Where the victim is a child not over fifteen, the penalty rises to ten to twenty years or life imprisonment, so proof of age is critical to the applicable tier.