National Laws
Legislation of INTERPOL member states on sexual offences against children |
Thailand - Thaïlande - Tailandia
Bangkok
I. Ages for legal purposes
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Age of simple majority
According to the Prostitution Prevention and Suppression Act, " child "
means a person who is not yet over 18 years of age.
Age of consent for marriage
Book 5 of the Civil and Commercial Code states that marriage can be done
when both parties are seventeen (17) years of age but with a reasonable ground
, the court may permit them to be married before.
Title IX ‘Offences relating to sexuality’Section 277 of the Penal Code
'Whoever has sexual intercourse with a girl not yet over thirteen years
of age, with or without her consent, shall be punished with imprisonment of
seven (7) to twenty (20) years and fine of fourteen thousand to forty thousand
baht, or imprisonment for life.
If the offence according to the first paragraph is committed by participation
of persons in the nature for destroying a girl and such girl is not consent,
or by carrying or using any gun or explosive, the offender shall be punished
with imprisonment for life.'
Title IX Section 277 bis
'If the commission of offence according to the first paragraph of
… Section 277 causes:
- grievious bodily harm to the victim, the offender shall be punished
with imprisonment of fifteen to twenty years and fine of thirty thousand
to forty thousand baht, or imprisonment for life.
- death of the victim, the offender shall be punished with
death or imprisonment for life.'
Title IX Section 277 ter
'If the commission of the offence according to the second paragraph
of … Section 277 causes
- grievious bodily harm to the victim, the offender shall be punished
with death or imprisonment for life.
- death to the victim, the offender shall be punished with
death.'
Title IX Section 285
'If the commission of offence according to … Section 277, 277 bis, 277
ter, … is against the descendant, apupil under taken his care, a person under
his control according to his official authority, or a person under his tutorship,
guardianship, or curatorship, the offender shall be liable heavier
punishment than that as provided in such section by one third.'
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III Other form of child sex abuse
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Title IV Section 279
'Whoever commits an indecent act on a child not over thirteen years of
age, with or without her consent, shall be punished with imprisonment
not exceeding ten years or fine not exceeding twenty thousand baht, or both.
If the commission of offence according to the first paragraph, the offender
commits it by threatening by any means whatever, by doing any act of violence,
by taking advantage of such child being in the condition of inability to resist,
or by causing such child to mistake him for another person, the offender shall
be punished with imprisonment not exceeding fifteen years or fine not exceeding
thirty thousand baht, or both.'
The Section 285 is also applied in the case of indecent
acts.
The 'Prostitution Prevention and Suppression Act'. In this Act 'Prostitution'
means
'The acceptance of sexual intercourse, the acceptance of any other act,
or the commission of any act for sexual gratification of another person in
a promiscuous manner, in order to gain financial or other benefit, no matter
whether the person who accepts such act and the person who commits such act
are of the same or opposite sex.'
Section 8 of the 'Prostitution Prevention and Suppression Act' states
'Whoever, for sexual gratification of that person or of the third person,
commits sexual intercourse or any other act against a person who is over fifteen
(15) years but not yet over eighteen (18) years of age, with or without his
or her consent, in a place for prostitution, shall be punished with imprisonment
of one to three years and a fine of twenty thousand to sixty thousand baht.
If the commission of the offence as specified in the first paragraph is
committed against a child not over fifteen (15) years of age, the offender
shall be punished with imprisonment of two to six years and a fine of forty
thousand to one hundred and twenty thousand baht.'
Section 9 of the 'Prostitution Prevention and Suppression Act' states
'Whoever procures, seduces, or traffics the other person to commit the
act of prostitution, even with consent of the other person, no matter whether
the commission of various acts which constitute the offence are committed
inside or outside the territory of the Kingdom, shall be punished with imprisonment
of one to ten years and an fine of twenty thousand to two hundred thousand
baht.
If the commission of the offence as specified in the
first paragraph is against a person who is over fifteen (15) years but
not yet over eighteen (18) years of age, the offender shall be punished
with imprisonment of five to fifteen years and a fine of one hundred thousand
to three hundred thousand baht.
If the commission of the offence as specified in the
first paragraph is against a child not over fifteen (15) years of age,
the offender shall be punished with imprisonment of ten to twenty years
and a fine of two hundred thousand to hundred thousand baht.
If the commission of the offence as specified in the first, second or
third paragraph is perpetrated by using deceitful means, threat, physical
assault, immoral influence, or mental coercion by any other means, the offender
shall be punished with imprisonment one-third heavier than the punishment
accordingly specified in the first, second, third or fourth paragraph as the
case may be.'
Section 10 of the 'Prostitution Prevention and Suppression Act' states
'Whoever is the father, mother, or guardian of a person not yet over eighteen
(18) years of age, with the knowledge that there is the commission of the
offence as specified in the second third, or fourth paragraph of Section 9
against the person within his or her guardianship, colludes with another offender
in the commission of that offence, shall be punished with imprisonment of
four to twenty years, and a fine of eighty thousand to four hundred thousand
baht.'
Section 11 of the 'Prostitution Prevention and Suppression Act' states
'Whoever is the owner, supervisor, or manager of a prostitution business
or a place for prostitution, or controller of a prostitute in the place of
prostitution, shall be punished with imprisonment of three to fifteen years,
and a fine of sixty thousand to three hundred thousand baht.
If the prostitution business or place for prostitution
as specified, has a person not yet over eighteen (18) years of age
performing the act of prostitution in such place, the offender shall be
punished with imprisonment of five to fifteen years, and a fine of one hundred
thousand to three hundred thousand baht.
If the prostitution business or place for prostitution as specified ,
has a child not yet over fifteen (15) years of age performing the act of prostitution
in such place, the offender shall be punished with imprisonment of ten to
twenty years, and a fine of two hundred thousand to four hundred thousand
baht.'
Section 12 of the 'Prostitution Prevention and Suppression Act' states
'Whoever detains or confines the other person, commits any other act that
deprives the liberty of the other person, assaults the other person, or threatens
with any other means to use physical force to commit a violent act against
the other person, in order to force the other person to perform the prostitution
activity, shall be punished with imprisonment of ten to twenty years, and
a fine of two hundred to four hundred thousand baht.
If the commission of the offence as specified in the first paragraph causes
to the other person:
1) serious bodily injury, the offender shall
be punished with life imprisonment.
2) death, the offender shall be punished
with the death penalty or life imprisonment.
(...)'
Section 287 of the Penal Code
'Whoever:
- for the purpose of trade or by trade, for public distribution
or exhibition, makes, produces, possesses, brings, or causes to be brought
into the Kingdom, sends 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;
- carries on trade, or takes part or participates in the tradeconcerning
the aforesaid obscene material or thing, or distributes or exhibits to
the public, or hires out such material or thing;
- in order to assist in the circulation or trading of the aforesaid
obscene material or thing,propagates or spreads the news by any means
whatever that there is a person committing the act which is an offence
according to this section, or propagates or spreads the news that the
aforesaid obscene material or thing may be obtained from which person
or by what means,
shall be punished with imprisonment not exceeding three years or fine
not exceeding six thousand baht, or both.'