Thailand Criminal Code : Part 1 / Part 2 / Part 3

    Title XI
    Offence Against Liberty and Reputation

    Chapter 1
    Offence Against Liberty

    Section 309 Whoever compels other person to do or not to do any act, or to suffer any thing by putting him in fear of injury to life, body, liberty, reputation or property of him or another person, or commits violence so that he does or does not do such act, or suffers such thing, shall be punished with imprisonment not more than three years or fined not more than six thousand baht, or both.
               
    If the offence according to the first paragraph is committed by making use of arms or by the participation of more than five persons, or it is committed in order that the compelled person shall execute, revoke, damage or destroy any document of right, the offender shall be punished with imprisonment not more than five years or fined not more than ten thousand baht, or both.

                If the offence be committed by alluding to the power of the secret society or criminal association, whether it is existent or not, the offender shall be punished with imprisonment of one to seven years and fined of two to fourteen thousand baht.

    Section 310 Whoever detains or confines another person, or by any other means, deprives such person of liberty, shall be punished with imprisonment not more than three years or fined not more than sixty thousand baht, or both.
                           
    If the commission of the offense according to the first paragraph causes death or grievous bodily harm to the person detained, confined, or deprived of liberty, the offender shall be punished as provided in Section 290, Section 297, or Section 298.

    [Penalty rates amended by Section 4 of the Penal Code Amendment Act (No. 26), B.E. 2560]

    Section 311 Whoever causes the other person to be detained, confined, or deprived of liberty by negligence, shall be punished with imprisonment, not more than one year, or fined not more than twenty thousand baht or both.
               
    If the commission of the offense according to the first paragraph causes death or grievous bodily harm to the person detained, confined, or deprived of liberty, the offender shall be punished as provided in Section 291 or 300.

    [Penalty rate amended by section 4 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

    Section 312 Whoever brings into or sends out of the Kingdom, removes, buys, sells, disposes of, accepts, or restrains any person so as to enslave the person or to cause the person to be in a position similar to a slave, shall be imprisoned not more than seven years and fined not more than one hundred and forty thousand baht.

    [Penalty rate amended by section 4 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

    Section 312 bis If the commission of the offence according to Section 310 bis or Section 312 is committed to the child not less than fifteen years of age, the offender shall be punished with imprisonment of three to ten years and fined not exceeding twenty thousand baht.

                If the commission of the offence according to the first paragraph or Section 310 bis or Section 312 causes:

    1. Bodily harm or mentally harm to the victim, the offender shall be punished with imprisonment of five to fifteen years and fined not more than thirty thousand baht.
    2. Grievous bodily harm to the victim, the offender shall be punished with imprisonment for life or imprisonment of seven to twenty years.
    3. Death to the victim, the offender shall be punished with death, imprisonment for life of imprisonment of fifteen to twenty years.

    Section 312 ter Whoever accepts, disposes, procures, seduces or takes away the person over fifteen years but less than eighteen years of age even with that person's consent by dishonestly, shall be imprisoned not more than five years or fined not more than ten thousand baht, or both.

                If the committing the offence according to paragraph 1 committed to the child not less than fifteen years of age, such offender shall be imprisonment not more than seven years or fined not more than fourteen thousand baht, or both.

    Section 313 Whoever takes an action in order to get a ransom;

    1. Takes away a child less than fifteen years of age.
    2. Takes away a person over fifteen years of age by using deceitful means, threat, doing any act of violence, unjust influence or mode of coercion by any other means, or
    3. Restrains or detains any person, shall be punished with imprisonment of fifteen to twenty years and fined of thirty to forty thousand baht, or imprisonment for life, or death.

    If the commission of the offence according to the first paragraph causes grievous bodily harm to such person who was taken away, restrained or detained, or is by acts of torture or hardly cruelty so as to cause bodily harm or mentally harm to such person, the offender shall be punished with death or imprisonment for life.

                If the commission of such offence causes death to the person who was taken away, restrained or detained, the offender shall be punished with death.

    Section 314 Whoever is a supporter to the commission of the offence according to Section 313, shall be liable to the same punishment as a principal in such offence.

    Section 315 Whoever acts as the intermediary person, to demand, accept or agree to accept any property or benefit to which not to be entitled from the offender under Section 313 or from the person who will give the ransom, shall be imprisoned as from fifteen years to twenty years and fined as from thirty to forty thousand baht, or life imprisonment.

    Section 316 If the offender according to Section 313, Section 314 or Section 315 arranges for the person who was taken away, restrained or confined to regain his liberty before the judgment of the Court of First Instance without receiving grievous bodily harm or being in the condition of imminent danger to life, such offender shall be inflicted with less punishment than that provided by the law, but not less than one-half.

    Section 317 Whoever takes away a child less than fifteen years of age from the parent, guardian, or person looking after such child without reasonable cause, shall be punished with imprisonment of three to fifteen years and fined sixty thousand to three hundred thousand baht.

    Whoever dishonestly buys, disposes of, or accepts such child who was taken away according to the first paragraph, shall be liable to the same punishment as the person who takes the child away.

    If the offense of this Section has been committed for lucre or indecent purpose, the offender shall be punished with imprisonment of five to twenty years and fined one hundred thousand baht to four hundred thousand baht.

    [Penalty rate amended by section 11 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

    Section 318 Whoever takes away a minor over fifteen years of age but less than eighteen years of age from the parent, guardian or person looking after such child without reasonable cause, shall be punished with imprisonment of two to ten years and fined of four to twenty thousand baht.

                Whoever dishonestly buys, disposes of or accepts such child who was taken away according to the first paragraph, shall be liable to the same punishment as the person who takes the child away.

                If the offence of this Section has committed for lucre or indecent purpose, the offender shall be punished with imprisonment of three to five years and fined of four to twenty thousand baht.

    Section 319 Whoever takes away a minor over fifteen years of age but less than eighteen years of age from the parent, guardian, or person looking after such minor for lucre or indecent purpose with the consent of such minor, shall be punished with imprisonment of two to ten years and fined of four to twenty thousand baht.
               
    Whoever dishonestly buys, disposes, or accepts a minor who was taken away according to the first paragraph, shall be liable to the same punishment as the person who takes such minor away.

    [Penalty rate amended by section 11 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

    Section 320 Whoever takes or sends a person out of the Kingdom by using fraudulent or deceitful means, threat, violence, unjust influence, or any other means of compulsion, shall be punished with imprisonment of two to ten years or fined of forty thousand baht to two hundred thousand baht or both.

    If the commission of the offense according to the first paragraph is committed in order that the person who was taken or sent out to be under the power of the other person unlawfully, or in order to abandon such person to be in a helpless condition, the offender shall be punished with imprisonment of three to fifteen years and fined of sixty thousand baht to three hundred thousand baht.

    [Penalty rate amended by section 10 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

    Section 321 The offense under Section 309, the first paragraph, Section 310, the first paragraph, and the first paragraph of Section 311 are compoundable offenses.

    Section 321/1 The commission of an offense under section 312 ter paragraph two and section 317 if it is an offense against a child not older than thirteen years. Do not claim ignorance of the child's age to exonerate the offense.

 

Unofficial translation by Chaninat and Leeds, Thai Attorneys