報章雜誌上常見未成年男女蹺家與男女朋友同居之新聞,相關行為看似僅為青 少年之家庭問題,但實際上與該青少男女同居之友人恐有刑責問題。
刑法第240條第1項規定:「『和誘』未成年人脫離家庭或其他有監督權之人者,處三年有期徒刑」,而若是「略誘」而使未滿十八歲之男女離家者,依同法 第241條1項之規定,更可處1年以上7年以下之有期徒刑。 指得到被害人同意,而誘使離家之行為,而「略誘」則是以威脅、詐欺等手 段,違反被害人之意願而誘使離家之行為。
準此,青少年女離家與友人同居,只要是該友人誘使所致,不論是得到該青少男女同意,或是以威脅利誘手段,誘使其與己同居,該誘使他人離家者即可能 有刑事責任。更重要的是,刑法第241條第3項規定:「和誘未滿十六歲之人, 以略誘論。」因此,凡誘使未滿十六歲之人離家與己同居,縱使其同意,仍可 能面臨1年以上7年以下之有期徒刑!
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It is common to see news in newspapers and magazines about underage boys and girls running away from home to live with their boyfriends or girlfriends. While such behavior may seem like a family issue for the teenagers involved, in reality, the person who encourages or helps them move in together could face legal consequences.
Article 240, Paragraph 1 of the Criminal Code stipulates: "Anyone who encourages or persuades a minor to leave their home or the care of someone with supervisory authority shall be sentenced to imprisonment for up to three years." Additionally, if someone "slightly persuades" a minor (under 18 years old) to leave home, according to Article 241, Paragraph 1 of the same law, they may face imprisonment for a term of 1 to 7 years. "Encouragement or persuasion" refers to actions that lead the minor to leave home with their consent, while "slight persuasion" involves using threats, deception, or other means to coerce the minor into leaving against their will.
Accordingly, if a teenage girl leaves home to live with a friend, and this is due to the friend's persuasion, whether the teenager agrees or is coerced through threats or inducements, the person who encouraged the minor to leave home could face criminal liability. More importantly, Article 241, Paragraph 3 of the Criminal Code stipulates: "Encouraging or persuading someone under the age of sixteen is treated as slight persuasion." Therefore, anyone who persuades a person under the age of sixteen to leave home and live with them, even with the minor's consent, could still face imprisonment for 1 to 7 years.
March 23, 2025