Translation:Act Amending the Penal Code (No. 23), 2558 BE

by National Legislative Assembly of Thailand

Table of contents 

The Act

Preamble

Sections

1. Title
2. Commencement
3. Amendment to §277: intercourse with child
4. Insertion of §285/1: irrelevance of child age
5. Insertion of §321/1: irrelevance of child age

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 23),
2558 BE

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Bhumibol Adulyadej R
Given on the 9th day of February 2558 BE
Being the 70th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Legislative Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 23), 2558 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of section 277 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 19), 2550 BE, shall be repealed and replaced by the following stipulations:

"Section277.Whoever commits intercourse with a child aged still not over fifteen years who is not his own wife or her own husband, whether with or without the consent of that child, shall be punished with imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.

The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of another person or any other thing is used against the sex organ or anus of another person.

If the offence under paragraph 1 is committed against a child aged still not over thirteen years, it shall be punished with imprisonment from seven years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht, or life imprisonment.

If the offence under paragraph 1 or paragraph 3 is committed through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy or is committed whilst having a firearm or explosive or by using a weapon, it shall be punished with life imprisonment.

As for the offence prescribed in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is above thirteen years but still not over fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection or may permit the two to marry each other and designate [any] conditions to be fulfilled after the marriage, and once the court has considered and issued whichever kind of order, the court may punish the offender more lightly in any degree than that designated by the law for such offence. In making consideration, the court shall also take into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of the offender and the child victim, the relationships between the offender and the child victim, or other suitable causes for the benefit of the child victim."

Section4.The following stipulations shall be inserted in the Penal Code as section 285/1:

"Section285/1.If [any of] the offences under section 277, section 279, section 282, paragraph 3, section 283, paragraph 3, and section 283bis is committed against a child aged still not over thirteen years, ignorance of the child's age shall not be raised for exculpation"

Section5.The following stipulations shall be inserted in the Penal Code as section 321/1:

"Section321/1.If [any of] the offences under section 312ter, paragraph 2, and section 317 is committed against a child aged still not over thirteen years, ignorance of the child's age shall not be raised for exculpation."

Countersignatory:
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since the law which designates that a person who has committed an offence of intercourse with a child whose age is above thirteen years but not over fifteen years needs not to be punished if a court permits him to marry the child victim brings about a problem when the child is forced to marry the offender and the court is unable to check into it, the courts with the power to try juvenile and family cases should be designated as the courts with the power to try cases of such characteristics, to put into action the welfare protection measures under the law on child protection, or to consider and grant marriages subject to [certain] conditions which are to be fulfilled thereafter, so that the consent of the child to such a marriage can be checked in a more thorough and careful manner and be of real benefit to the child. Moreover, in the event that a court has issued any kind of order, the court [should be permitted to] punish the offender more lightly in any degree than that designated by the law for his offence, in order to prevent the offender from using the marriage to avoid the punishment. In addition, because the provisions on the offences relating to sexuality and offences against liberty committed upon children designate the ages of the children as an element of the offences, thus enabling offenders to raise a mistake or ignorance of the fact constituting an element of their offences to excuse themselves from the guilt or to entitle themselves to a more lenient punishment, it is appropriate to prohibit persons who commit offences relating to sexuality or offences against liberty upon children aged not over thirteen years from raising their ignorance of the children's age to discharge themselves from criminal liabilities, so that children would enjoy greater protection under the law. Furthermore, it is appropriate to improve the rates of punishment in accordance with the prevailing situation. Therefore, it is necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Yisip Sam) Phoso Song Phan Ha Roi Hasip Paet" [Act Amending the Penal Code (No. 23), 2558 BE]. (2015, 13 February)). Ratchakitchanubeksa [Royal Gazette], 132(10A), 48–50. (In Thai).