Title VIX
Offence Relating to Sexuality

Section 276 Whoever sexually assaults another by threatening by any means and the person is in the condition of inability to resist, or by causing the person to mistake him for the other person, shall be punished with imprisonment of four to twenty years and fined of eighty thousand baht to four hundred thousand baht.

If the offense as mentioned in the first paragraph is committed by making the victim understand that The perpetrator was armed with a firearm or explosives, shall be punished with imprisonment of seven to twenty years and fined from one hundred thousand forty thousand baht to four hundred thousand baht.

If the offence as mentioned in the first paragraph is committed by carrying or using any gun or explosive, or participation of persons in the nature of raping the woman or a man in the same manner, the offender shall be punished with imprisonment of fifteen to twenty years and fined of three hundred thousand baht to four hundred thousand baht or life imprisonment.

If the offence as mentioned in the first paragraph is committed between a spouse and that spouse still wishes to live as husband and wife, the Court may penalize less than what is required by law at any degree. The Court may also set up the condition for probation to be used instead of imprisonment. In the case that the Court has penalized for imprisonment and one party does not wish to live as husband and wife any longer and wants to divorce, that party must inform the Court and the Court shall inform the Public Prosecutor to proceed with the divorce.

Section 277 Whoever sexually assaults a child not yet over fifteen years of age and not being his own husband or wife, whether that child shall consent or not, shall be punished with imprisonment of four to twenty years and fined of one hundred thousand to four hundred thousand baht.

If the commission of an offense under the first paragraph is an act against a child under thirteen years of age, it shall be punished with imprisonment of seven to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht or life imprisonment.

If the offense under the first paragraph or second paragraph is done by causing the offender to understand that the perpetrator has firearms or explosives, he shall be punished with imprisonment of ten to twenty years and adjusted from two hundred thousand baht to four hundred thousand baht or life imprisonment.

If the offense under the first paragraph or second paragraph was committed with firearms or explosives, or by using weapons, or by jointly committing an offense together in a manner that is degrading a girl or acting on the boy in the same way, shall be punished with life imprisonment.

The offenses as provided in the first paragraph if it is done by a person under the age of eighteen years committed against a child who is over thirteen but not yet over fifteen years old by the child's consent Court has jurisdiction Juvenile and family cases will consider the welfare protection of the offender or offender. under the law on child protection instead of punishment in court hearings Taking into account the age, history, behavior, intelligence, education, training, health, mental state, habits, occupation, and environment of the offender, and the offended child. The relationship between the offender and the offender's child or any other reasonable cause for the benefit of the offended child.

In the event that the welfare protection of the offended child or offender has undertaken an offense under the law on child protection, The offender is not punished. But if protection for Such welfare was not achieved. The court will punish the offender less than the law stipulates for any fault in court hearings Consideration shall also be given to the cause under paragraph five.

Section 277 bis If the commission of the offense according to the first paragraph of Section 276, or the first or second third paragraph of Section 277, causes;
(1)       Grievous bodily harm to the victim, the offender shall be punished with imprisonment of fifteen to twenty years and fined of three hundred thousand to four hundred thousand baht, or imprisonment for life;
(2)       Death to the victim, the offender shall be punished with death or imprisonment for life.

Section 277 tri If the commission of the offense according to the third paragraph of Section 276, or the fourth paragraph of Section 277, causes;
(1)       Grievous bodily harm to the victim, the offender shall be punished with death or imprisonment for life;
(2)       Death to the victim, the offender shall be punished with death.

Section 278 Whoever commits an obscenity to a person more than fifteen years of age by threatening with any means, by doing any act of violence, by taking advantage of that person to be in the condition of inability to resist, or by causing that person to mistake him for the other person, shall be imprisoned not more than ten years or fined not more than two hundred thousand baht, or both.

If the commission of an offense under paragraph one is an act using other objects or organs. Which is not an invasion of the person's genitals or anus the offender, shall be punished with imprisonment from four to twenty years and a fine from eighty thousand baht to four hundred thousand baht.

Section 279 Whoever commits an indecent act against a child not yet over fifteen years old whether the child consents or not, shall be liable to imprisonment for a term not exceeding ten years or a fine not exceeding two hundred thousand baht or both.

If the commission of an offense under paragraph one It is an act against a child under thirteen years of age, shall be punished with imprisonment of one to ten years. or a fine from twenty thousand baht to two hundred thousand baht or both.

If the offense under paragraph one or paragraph two The perpetrator has acted by intimidation by any means by using force. The child was in a state of being unable to resist. or by making The child misunderstood himself as another person, shall be punished with imprisonment of one to fifteen years or a fine from twenty thousand baht to three hundred thousand baht or both.

If the offense under paragraph one or paragraph three It is an action using an object. or other organs other than the genitals invade the child's genitals or anus the offender, shall be punished Imprisonment of five to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.

If the offense under paragraph four It is an act against a child under thirteen years of age, shall be punished with imprisonment of seven to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht or imprisonment for life.

If the offense under paragraph four or paragraph five It was done by making the victim understand that The perpetrator was armed with a firearm or explosives, shall be punished with imprisonment of ten to twenty years and fined from two hundred thousand baht to four hundred thousand baht or imprisonment for life.

If the offense under paragraph four or paragraph five was committed with firearms or explosives or by using a weapon or by jointly committing an offense together in a manner that is abusing a girl or committing against a boy in the same manner shall be punished with life imprisonment.

Section 280 If the commission of an offense under section 278 or section 279 causes the
(1) suffer serious harm The offender shall be punished with imprisonment of five to twenty years. and a fine from one hundred thousand baht to four hundred thousand baht or life imprisonment Hunt for the Board of Trustees.
(2) to death The perpetrator shall be punished with the death penalty. or life imprisonment.

Section 280/1 If the offender under section 276, section 277, section 278, or section 279 has recorded images or sounds of such maltreatment or indecent acts for the purpose of seeking unlawful benefits for himself or others, shall be liable to one-third of the punishment heavier than that provided for in that section.

If the offender under paragraph one Publishes or transmits any picture or sound of action. Abused or recorded indecent acts, shall be liable to one-half of the heavier penalty than that provided for in that section.

Section 281 offenses under the following sections is an acceptable offense
(1) Section 276 paragraph one and Section 278 paragraph two, which is an act between spouses. If not born before the public or does not cause serious injury or death to the victim.

(2) Section 278 paragraph one, if it does not occur in the presence of the public does not cause the offender to suffer serious harm or death or it is not an act against a person as specified in section 285 and section 285/2

Section 282 Whoever, in order to gratify the sexual desire of another person, procures, seduces or takes away for indecent act the man or woman even with his or her consent, shall be punished with imprisonment of one to ten years and fined of two thousand to twenty thousand baht.

If the commission of the offence according to the first paragraph is occurred to the person over fifteen years but less than eighteen years of age, the offender shall be punished with imprisonment of three to fifteen years and fined of six to thirty thousand baht.

            If the commission of the offence according to the first paragraph is occurred to the child not yet fifteen years of age, the offender shall be punished with imprisonment of five to twenty years and fined of ten to forty thousand baht.

Whoever, in order to gratify the sexual desire of another person, obtains the person who is procured, seduced or taken away according to the first, second or third paragraph or supports in such commission of offence, shall be liable to the punishment as provided in the first, second or third paragraph, as the case may be.

Section 283 Whoever, in order to gratify the sexual desire of another person, procures, seduces, or takes away for indecent act a man or woman by using deceitful means, threat, doing an act of violence, unjust influence or mode of coercion by any other means, shall be punished with imprisonment of five to twenty years and fined of one hundred thousand baht to four hundred thousand baht.

If the commission of the offense according to the first paragraph occurred to a person over fifteen years but less than eighteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined one hundred and forty thousand baht to four hundred thousand baht or life imprisonment.

            If the commission of the offense according to the first paragraph occurred to a child less than fifteen years of age, the offender shall be punished with imprisonment of ten to twenty years and fined two hundred thousand baht to four hundred thousand baht or life imprisonment or death.

            Whoever, in order to gratify the sexual desire of another person, obtains the person who is procured, seduced, or taken away according to the first, second, or third paragraph, or supports in such commission of the offense, shall be liable to the punishment as provided in the first, second or third paragraph, as the case may be.

[Penalty rate amended by section 12 of the Criminal Code Amendment (26st Issue) B.E. 2560 (A.D. 2017)]

Section 284 Whoever, takes away another person for indecent act by using deceitful means, threat, doing any act of violence, unjust influence or mode of coercion by any other means, shall be punished with imprisonment of one of ten years and fined of two to twenty thousand baht.

            Whoever, conceals the person who is taken away according to the first paragraph, shall be liable to the same punishment as the person who takes away.

            The offence according to this Section is compoundable offence.

Section 285 Whoever commits the offence under Section 276, Section 277, Section 277 bis, Section 277 ter, Section 278, Section 279, Section 280, Section 282 or Section 283 against the descendant, student under his care, person under his control, person under his official authority, or person under his tutorship, guardianship or courtship, such offender shall be punished by the heavier punishment than that as prescribed in that Section by one-third.

Section 285/1 The commission of an offense under Section 277, Section 279, Section 282 paragraph three, Section 283 paragraph three, and Section 283 bis paragraph two, if it is an act against a child not older than thirteen years Do not claim ignorance of the child's age to exonerate the offense.

Section 255/2 If the commission of an offense under section 276, section 277, section 277 bis, section 277 ter, section 278, or section 279 is committed against a person who is unable to protect oneself as a result of being a disabled person Persons with the impaired mind, mental illness or mental disorder, sick person, elderly person, pregnant woman, or the person who is in a state of incompetence the offender, shall be liable to one-third of the punishment heavier than that provided for in that section.

Section 286 Any person, being over sixteen years of age, subsists on the earning of a prostitute, even if it is a part of her income, shall be punished with imprisonment of seven to twenty years and fined of fourteen to four hundred thousand baht, or imprisonment for life.  

(1) assisting, facilitating, or protecting the prostitution of others;
(2) receive any form of benefit from the prostitution of another person or from the person who prostitutes it;
(3) to force, threaten, deceive or use power to influence others; or accepting others to work for prostitution;
(4) to provide for prostitution between persons who prostitute themselves and service users;
(5) conceal or disguise the source of income or property obtained from prostitution;
(6) coexisting with a prostitute or an association with one or more prostitutes who is a prostitute and is unable to show the source of income for one's livelihood;
(7) obstructing the operation of a supervisory agency in the prevention, control, assistance, or education of prostitutes; who will participate in prostitution or who may be harmed by prostitution

The provisions of first paragraphs (2) and (6) shall not apply to any form of the

Section 287 Whoever;
(1)       Makes, produces, possesses, brings or causes to be brought into the Kingdom, sends or causes to be sent out of the Kingdom, takes away or causes to be taken away, or circulates by any means whatever, any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematograph film, noise tape, picture tape or any other thing which is obscene for the purpose of trade or by trade, for public distribution or exhibition,
(2)       Carries on trade, or takes part or participates in the trade concerning the foresaid obscene material or thing, or distributes or exhibits to the public, or rents out such material or thing;
(3)       In order to assist in the circulation or trading of the foresaid obscene material or thing, advertises or spreads the news by any means whatever that there is a person committing the act which is an offense according to this Section, or advertises or spreads the news that the foresaid obscene material or thing may be obtained from any person or by any means.

He shall be punished with imprisonment not more than three years or fined not more than sixty thousand baht, or both.

Section 287/1 Whoever possesses child pornography for exploitation sexually for oneself or others, shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding one hundred thousand baht or both.

If the offender under paragraph one transmits child pornography to another person, shall be liable to imprisonment for a term not exceeding seven years or a fine not exceeding one hundred and forty thousand baht or both.

Section 287/2 Whoever                              
(1) for the purpose of trade or by trade for distribution or for to show off to the public, to produce, to have, to have, to import, or to import into the Kingdom Export or not exported outside the kingdom to take or not to take away or to spread by any means child pornography.
(2) engages in the trade or is involved in or is involved in the trade in relation to child pornography, distributes or shows off to the public, or rents out child pornography;
(3) to assist in the spreading or trafficking in child pornography, then advertise or spread the news by any means that a person has committed an offense under this section; or advertising or News that such child pornography will be available from anyone or by any means

Shall be punished with imprisonment of three to ten years and a fine from sixty thousand baht to two hundred thousand baht.