Translation:Act Amending the Penal Code (No. 5), 2525 BE

by National Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §§276–280: rape; indecency
4. Amendment to §§282–284: indecent procurement
5. Amendment to §286: exploitation of prostitute
6. Amendment to §287: pornography
7. Amendment to §313: kidnapping
8. Amendment to §315: kidnapping intermediation
9. Amendment to §§317–319: child theft
10. Amendment to §320: human trafficking
11. Amendment to §335: theft
12. Amendment to §335bis: theft
13. Amendment to §339: theft
14. Amendment to §339bis: robbery

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 5),
2525 BE

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Bhumibol Adulyadej R
Given on the 24th day of July 2525 BE
Being the 37th 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 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. 5), 2525 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 276, section 277, section 277bis, section 277ter, section 278, section 279, and section 280 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section276.Whoever forcibly commits intercourse with another woman than his own wife by threatening in any manner, by exercising forcible violence, whilst the woman is being in a state of irresistibility, or by making the woman mistake him for a different person, shall be punished with imprisonment from four years to twenty years and a fine from eight thousand baht to forty thousand thousand baht.

If the offence under paragraph 1 is committed whilst having or by using a firearm or explosive or through a joint action characteristic of gang rape, it shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment.

Section277.Whoever commits intercourse with a girl aged not over thirteen years still, whether with or without the consent of that girl, shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.

If the offence under paragraph 1 is committed against the girl through a joint action characteristic of gang rape and without the consent of the girl, or is committed whilst having or by using a firearm or explosive, it shall be punished with life imprisonment.

Section277bis.If the commission of the offence under section 276, paragraph 1, or section 277, paragraph 1, causes the victim—

(1)to undergo serious harm, the offender shall be punished with imprisonment from fifteen years or twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment;

(2)to die, the offender shall be punished with death or life imprisonment.

Section277ter.If the commission of the offence under section 276, paragraph 2, or section 277, paragraph 2, causes the victim—

(1)to undergo serious harm, the offender shall be punished with death or life imprisonment;

(2)to die, the offender shall be punished with death.

Section278.Whoever commits indecency with a person aged above thirteen years by threatening in any manner, by exercising forcible violence, whilst that person is being in a state of irresistibility, or by making that person mistake him for a different person, shall be punished with imprisonment not over ten years, or a fine not over twenty thousand baht, or both the imprisonment and fine.

Section279.Whoever commits indecency with a child aged not over thirteen years still, whether with or without the consent of that child, shall be punished with imprisonment not over ten years, or a fine not over twenty thousand baht, or both the imprisonment and fine.

If the offender commits the offence under paragraph 1 by threatening in any manner, by exercising forcible violence, whilst the child is being in a state of irresistibility, or by making the child mistake him for a different person, he shall be punished with imprisonment not over fifteen years, or a fine not over thirty thousand baht, or both the imprisonment and the fine.

Section280.If the commission of the offence under section 278 or section 279 causes the victim—

(1)to undergo serious harm, the offender shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht;

(2)to die, the offender shall be punished with death or life imprisonment."

Section4.The stipulations of section 282, section 283, and section 284 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section282.Whoever, in order to fulfil the desire of another person, makes it his own business to procure, lures away, or leads away for an indecent purpose a girl or woman aged not over eighteen years still, even with the consent of that girl or woman, shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.

If the offence under paragraph 1 is committed against a girl aged not over thirteen years still, the offender shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.

Whoever, in order to fulfil the desire of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1 or paragraph 2, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1 or paragraph 2, as the case may be.

Section283.Whoever, in order to fulfil the desire of another person, makes it his own business to procure, lures away, or leads away a woman for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from five years to twenty years and a fine from fourteen thousand baht to forty thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.

If the offence under paragraph 1 is committed against a girl or woman aged not over eighteen years still, the offender shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.

If the offence under paragraph 1 is committed against a girl aged not over thirteen years still, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht, or life imprisonment, or death.

Whoever, in order to fulfil the desire of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1, paragraph 2, or paragraph 3, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1, paragraph 2, or paragraph 3, as the case may be.

Section284.Whoever carries a woman away for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to ten thousand baht.

Whoever hides the woman carried away according to paragraph 1 shall be punished in the same manner as the carrier.

The offences under this section are compoundable."

Section5.The stipulations of section 286 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section286.Whoever aged above sixteen years lives on the income of a female prostitute, even in part, shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or imprisonment for life.

Whoever has no other apparent means of living or has no sufficient means of living and—

(1)appears to be together with or to associate with one or several female prostitutes habitually;

(2)is accommodated or receives money or other benefit furnished by a female prostitute; or

(3)intervenes to help a female prostitute in her quarrel or dispute with her client; shall be deemed to live on a woman's income from prostitution, save where he provides a satisfactory proof that it is not so.

The provisions of this section shall not apply to a person receiving maintenance from a female prostitute who is legally or morally obliged to provide such maintenance."

Section6.The stipulations of section 287 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section287.Whoever—

(1)⁠for purposes of trade or through trade, for distribution, or for exhibition to the public, creates, manufactures, possesses, brings into or causes to be brought into the Kingdom, sends out or causes to be sent out of the Kingdom, carries or causes to be carried to [any place], or circulates by any means a document, drawing, print, painting, printed material, picture, poster, symbol, photograph, film, audio tape, video tape, or any other thing which is obscene;

(2)conducts trade or takes part in or involves himself in trade relating to the said obscene object or material, distributes, or exhibits to the public, or hires out such object or material;

(3)in order to help circulating or trading in the said obscene object or material, publishes or disseminates by any means the information that a person is committing an act which constitutes the offence under this section, or publishes or disseminates the information as to the person from whom or the way by which the said obscene object or material could be found;

shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine."

Section7.The stipulations of section 313 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section313.Whoever, in order to obtain a ransom—

(1)takes away a child aged not over thirteen years still;

(2)takes away a person aged above thirteen years by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion; or

(3)restrains or confines any person;

shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment, or death.

If the commission of the offence under paragraph 1 causes the person taken away, restrained, or confined to undergo serious harm, or it is committed through torture or through cruelty or brutality to the degree that causes the victim to undergo physical or mental harm, the offender shall be punished with death or life imprisonment.

If the commission of such offence causes the person taken away, restrained, or confined to die, the offender shall be punished with death."

Section8.The stipulations of section 315 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section315.Whoever acts as an intermediary by demanding, receiving, or agreeing to receive from the offender under section 313 or from the ransom giver the property or benefit which should not be obtained, shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment."

Section9.The stipulations of section 317, section 318, and section 319 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

Section317.Whoever, without appropriate cause, separates a child aged not over thirteen years still from the father, mother, guardian, or carer, shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht.

Whoever dishonestly buys, disposes of, or receives a child separated in accordance with paragraph 1, shall be punished in the same manner as the separator.

If [either] offence under this section is committed for seeking profit or for an indecent purpose, the offender shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.

Section318.Whoever separates a minor aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is not willing to go with him, shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.

Whoever dishonestly buys, disposes of, or receives a child separated in accordance with paragraph 1, shall be punished in the same manner as the separator.

If [either] offence under this section is committed for seeking profit or for an indecent purpose, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht.

Section319.Whoever, for seeking profit or for an indecent purpose, separates a minor aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is willing to go with him, shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.

Whoever dishonestly buys, disposes of, or receives a minor separated in accordance with paragraph 1, shall be punished in the same manner as the separator."

Section10.The stipulations of section 320 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section320.Whoever carries or sends a human out of the Kingdom by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from two years to ten years, or a fine from four thousand baht to twenty thousand baht, or both the imprisonment and fine.

If the offence under paragraph 1 is committed in order to unlawfully subject the carried or sent person to the power of another person or to leave him helpless, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht."

Section11.The stipulations of section 335 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section335.Whoever commits theft of a thing—

(1)in the nighttime;

(2)at or around a place where there is a fire, explosion, or flood, or at or around a place where there is an accident, a train or other vehicle for public travel being in distress, or other similar disaster, or by taking advantage of the occurrence of such incident or taking advantage of the fact that the public are being panic or taking fright over any danger;

(3)by doing harm to a barrier for protection of a person or thing or by passing through such a barrier by any means;

(4)by making access through a channel which has been created without being meant for human entrance or making access through a channel which has been opened for him by a conniver;

(5)by disguising himself as or impersonating another person, blackening the face, or doing otherwise so as to prevent the face from being seen or remembered;

(6)by pretending to be an officer;

(7)whilst having a weapon or through a joint action of two or more persons;

(8)⁠in a dwelling, an official place, or a place arranged for the provision of public service, which he has entered without permission or has hidden himself in;

(9)⁠in a place of public worship, train station, airport, public car park or vessel mooring, public place for loading or unloading of merchandise, or on board a public conveyance;

(10)which is used or possessed for public benefit;

(11)which belongs to the employer or which is in the possession of the employer;

(12)which belongs to a pursuer of a farming occupation, when the thing is a product, seed stock, animal, or tool possessed for the conduct of farming or obtained from farming;

shall be punished with imprisonment from one year to five years and a fine from two thousand baht to ten thousand baht.

If the commission of the offence under paragraph 1 consists in such characteristics as prescribed in two or more of the aforesaid subsections, the offender shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.

If the offence under paragraph 1 is committed against a thing^[1] which is a kho,^[2] krabue,^[3] machine, or engine that a pursuer of a farming occupation possesses for the conduct of farming, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.

If [any of] the offences as said in this section is committed out of compulsion^[4] or unbearable poverty and the thing is of little value, the court may impose upon the offender such punishment as prescribed in section 334."

Section12.The stipulations of section 335bis of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 2), 2512 BE, shall be repealed and replaced by the following stipulations:

"Section335bis.Whoever commits theft of a thing which is a Buddha image or religious object or any part of the said Buddha image or object, shall be punished with imprisonment from three years to ten years and a fine from six thousand baht to twenty thousand baht, if such thing is worshiped by the public or preserved as national treasure.

If the offence under paragraph 1 is committed in a temple, monastery, place of religious respect, historic place which is state property, official place, or national museum, the offender shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht."

Section13.The stipulations of paragraph 2 of section 339 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"If the offence so committed consists in such characteristics as prescribed in any particular subsection of section 335, or is against a thing^[1] which is a kho,^[2] krabue,^[3] machine, or engine that a pursuer of a farming occupation possesses for the conduct of farming, the offender shall be punished with imprisonment from ten years to fifteen years and a fine from ten thousand baht to thirty thousand baht."

Section14.The stipulations of section 339bis of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 2), 2512 BE, shall be repealed and replaced by the following stipulations:

"Section339bis.If the robbery is committed against the thing under section 335bis, paragraph 1, the offender shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht."

Countersignatory:
General P. Tinsulanonda
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas now certain criminal acts, especially the criminal acts which constitute the offences relating to sexuality and the offences against liberty, are growing in severity, and the offences of theft of things, especially the things which are Buddha images as well as kho^[2] or krabue^[3] of pursuers of farming occupation, are multiplying, despite the rates of punishment for some instances of these offences having once been increased by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, it is appropriate to heighten the rates of punishment for those who commit the said offences so as to prevent and suppress the commission thereof. Therefore, it is necessary to enact this Act.

Notes

1. According to the Royal Society of Thailand (2013), sap (Thai: ทรัพย์; "thing") is a legal term referring to a "corporeal object". The term seems to include animals, as seen in this section which mentions kinds of bovines.
2. According to the Royal Society of Thailand (2013), kho (Thai: โค) refers to the bovine Bos taurus of the family Bovidae.
3. According to the Royal Society of Thailand (2013), krabue (Thai: กระบือ) refers to the bovine Bubalus bubalis of the family Bovidae.
4. The term chamchai (Thai: จำใจ), here translated as "compulsion", is not defined by any dictionary. Etymologically, it is a compound consisting of cham ("to force, to compel, to constrain, etc") and chai ("heart, mind, emotion, etc"). It is a vague term referring to any situation in which a person forces himself to do something he does not want to do. The English draft of this code (Office of the Juridical Council, 1950b, p. 29/88) rendered chamchai as "pressing circumstances".

Bibliography

Original

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Ha) Phoso Song Phan Ha Roi Yisip Ha" [Act Amending the Penal Code (No. 5), 2525 BE]. (1982, 6 August). Ratchakitchanubeksa [Royal Gazette], 99(108A), 5–19. (In Thai).

References

• Office of the Juridical Council (1950). Archives Concerning the Revised Penal Code: Tome XXV (Microfilm). The Archives of the History of Thai Codification (in Thai). Bangkok: Thammasat University. OCLC 1228261634. 
• Royal Society of Thailand (2013). "Photchananukrom Chabap Ratchabandittayasathan Photo Song Phan Ha Roi Hasip Si" [Royal Institute Dictionary, 2554 BE]. Office of the Royal Society of Thailand (in Thai).