Child abduction have occurred throughout every year.

Nowadays, with the younger generation maturing faster and relationships forming more easily, violations related to taking a minor without parent permission are becoming more common.

Today, I’d like to discuss this matter in detail. For those who may be in a relationship with someone under 18, this will help you be cautious.

Tabke of Contents

• Legal Definition of Child abduction
• Penalties for Child abduction
• Precautions Regarding Child abduction
• Laws Related to Child abduction
• Reporting and Legal Proceedings in Cases of Child abduction

Legal Definition of Child abduction

The legal definition of taking a minor in Thailand is a matter of great concern and importance as it pertains to the rights of children and minors who have not yet reached legal maturity.

The law defines “taking a minor” as the act of removing a child or minor under the age of 18 from the care of their parents, guardians, or legal custodians without the consent of those authorized individuals.

This can include any method of taking, such as abduction, enticement, persuasion, or the use of force, with the intent to remove the child from the control of their guardians.

Simply put, in this case, the victim is the “guardian”. The law is not only focused on protecting the child or minor but also on the rights of the guardian, similar to how stealing someone else’s property affects the owner.

The laws related to taking a minor are designed to protect the rights of children and minors, aiming to prevent situations that could harm their physical or mental well-being.

Therefore, taking a minor is considered a serious criminal offense. Thai law places special emphasis on children because they lack the capacity to make decisions on their own and require protection and care from adults.

In some cases, taking a minor may occur with or without intent.

However, if such actions result in the minor being unlawfully removed from the care of their guardian, regardless of the purpose such as seeking personal gain, intimidation, or sexual exploitation it is considered illegal.

The offense of taking a minor encompasses both actions involving force and those involving other methods of enticement, such as offering goods or benefits to deceive the minor into going with the perpetrator.

Penalties for Child abduction

Penalties for taking a minor vary depending on the age of the minor involved, the intent of the perpetrator, and the nature of the offense.

• According to Section 317 of the Thai Penal Code

If someone unlawfully takes a minor under the age of 15 from their parents, guardians, or legal custodians, they face imprisonment from 3 to 15 years and a fine ranging from 60,000 to 300,000 THB.

The penalties are more severe if the act was done for profit or for indecent purposes, with imprisonment ranging from 5 to 20 years and a fine from 100,000 to 400,000 THB.

• According to Section 318 of the Thai Penal Code

If the minor taken is between the ages of 15 and 18, the perpetrator faces imprisonment from 2 to 10 years and a fine ranging from 40,000 to 200,000 THB.

If the act was done for profit or for indecent purposes, the penalties are more severe, with imprisonment ranging from 3 to 15 years and a fine from 60,000 to 300,000 THB.

In addition to criminal penalties, the perpetrator may also be liable for civil damages to the minor or their family.

This can include compensation for medical expenses, damages for physical and emotional harm, and other compensations deemed appropriate by the court.

Precautions Regarding Child abduction

Taking a minor is a serious criminal offense with severe penalties. Therefore, anyone involved with children or minors should be cautious to avoid actions that could be interpreted as taking a minor unintentionally.

This includes well-intentioned actions, such as helping a child in a risky situation. If such actions are not conducted in accordance with legal procedures, they may still be considered criminal acts.

Key precautions include

If you are not a parent or legal guardian, you should not remove a minor from any location without the consent of the guardian, unless there is an order from an authorized official or in an emergency situation requiring immediate assistance to a minor in danger.

If you encounter a child who has been abandoned or a minor in a risky situation, taking the child without notifying the police or relevant social services could lead to accusations of taking a minor.

When providing counsel to a minor, it should be done within the legal framework.

If protection or assistance is needed, coordinate with the appropriate agencies rather than taking action independently.

Laws Related to Child abduction

In Thailand, the laws relevant to taking a minor are primarily found in the Penal Code, Sections 317 and 318, which define the nature of the offense and the penalties associated with such actions.

In addition to the Penal Code, other laws also address the protection of children’s rights, such as the Child Protection Act, B.E. 2546.

Penal Code Section 317 deals with the taking of a minor under 15 years of age from their guardian without permission.

Penal Code Section 318 addresses cases involving minors aged 15 to 18, with penalties being less severe than those under Section 317.

However, if the taking involves seeking personal gain or illegal activities against the minor, such as prostitution, forced labor, or sexual offenses

or if the minor is taken for human trafficking, the penalties under Sections 317 and 318 can be increased.

Additionally, the Child Protection Act, B.E. 2546 focuses on safeguarding children under 18, ensuring they receive proper care from their parents or legal guardians.

It includes measures for protecting children from abuse or harm and outlines the rights and responsibilities of guardians to provide safety and appropriate education.

Reporting and Legal Proceedings in Cases of Child abduction

In cases of taking a minor, the guardian or involved parties can report to the police by following these steps

1. Reporting
   When a minor is found to be taken from their guardian’s care, the guardian can report to the police with essential information, such as the minor’s age, details, and the circumstances of the incident.This information helps the police investigate the case promptly.
2. Investigation
   The police will investigate the incident by collecting evidence and interviewing witnesses or relevant individuals.Issuance of Arrest Warrant: If the investigation reveals that a crime has been committed, the police will issue an arrest warrant to bring the suspect into custody.
3. Prosecution
   Once the perpetrator is arrested, the prosecutor will file charges in court to pursue legal action.These steps ensure that the minor receives the necessary assistance and protection according to their rights.

In such cases, if evidence shows that the minor ended up with the accused without any coercion or intent, it can be challenging to defend against the charges, as it is difficult to prove the minor’s intent to be with the accused voluntarily.

On the other hand, if the accused did not intend to or did not lure the minor, it is crucial to refute the claims or provide evidence as quickly as possible to avoid potential imprisonment.

Always ensure that any relationship or interaction is with individuals over 18 years of age.

Content By Kawee