Translation:Act Amending the Penal Code (No. 8), 2530 BE

by National Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §§277–277ter: unlawful intercourse
4. Amendment to §§278–279: indecency
5. Amendment to §§282–283: indecent procurement
6. Amendment to §313: kidnapping; unlawful restraint or confinement
7. Amendment to §§317–319: child theft
8. Amendment to §398: maltreatment of person incapable of self-dependence

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 8),
2530 BE

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Bhumibol Adulyadej R
Given on the 10th day of August 2530 BE
Being the 42nd 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. 8), 2530 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, section 277bis, and section 277ter of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 BE, shall be repealed and replaced by the following stipulations:

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

If the offence under paragraph 1 is committed against a girl aged not over thirteen years still, it 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.

If the offence under paragraph 1 or paragraph 2 is committed against the girl through a joint action characteristic of gang rap and without the consent of the girl, or is committed whilst having a firearm or explosive or by using a weapon, it shall be punished with life imprisonment.

If the offence prescribed in paragraph 1 is committed by a man against a girl aged above thirteen years but still not over fifteen years with the consent of that girl and the court later permits the man and the girl to marry each other, the offender shall not be punished. If the court permits the marriage whilst the offender is being punished for the offence, the court shall release the offender.

Section⁠277bis.⁠If the commission of the offence under section 276, paragraph 1, or section 277, paragraph 1 or paragraph 2, causes the victim—

(1)⁠to undergo serious harm, the offender 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;

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

Section⁠277ter.⁠If the commission of the offence under paragraph 276, paragraph 2, or section 277, paragraph 3, 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."

Section⁠4.⁠The stipulations of section 278 and section 279 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 BE, shall be repealed and replaced by the following stipulations:

"Section⁠278.⁠Whoever commits indecency with a person aged above fifteen 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 the fine.

Section⁠279.⁠Whoever commits indecency with a child aged not over fifteen 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 the fine.

If the offender commits the offence under paragraph 1 by threatening in any manner, by exercising forcible violence, whilst that 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."

Section⁠5.⁠The stipulations of section 282 and section 283 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 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 a woman for an indecent purpose, even with the consent of such woman, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty 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 still not over eighteen years, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht.

If the offence under paragraph 2 is committed against a girl aged still not over fifteen years, the offender shall be punished with imprisonment from five years to twenty years and 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, 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.

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 ten 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 aged not over eighteen years still, the offender shall be punished with imprisonment from seven years to twenty yeas and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.

If the offence under paragraph 2 is committed against a girl aged still not over fifteen years, 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."

Section⁠6.⁠The stipulations of section 313 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 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 fifteen years;

(2)⁠takes away a person aged above fifteen 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."

Section⁠7.⁠The stipulations of section 317, section 318, and section 319 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 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 fifteen 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 the stipulations of 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 fifteen 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."

Section⁠8.⁠The stipulations of section 398 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section⁠398.⁠Whoever commits by any means an act of cruelty against a child aged not over fifteen years still, ailing person, or senile person who needs to depend upon him for living or for any other purpose, shall be punished with imprisonment not over one month, or a fine not over one thousand baht, or both the imprisonment and the fine."

Countersignatory:
General P. Tinsulanonda
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since the age of the child to be particularly protected by the law from offences relating to sexuality, offences relating to liberty, and child abuse, as designated by section 277, section 278, section 279, section 282, section 283, section 313, section 317, section 318, section 319, and section 398 of the Penal Code, is merely "not over thirteen years", the offenders under the said sections are enabled to cite the consent of the child [victims whose] age is over thirteen years as a reason for which they should be exonerated or their penalty should be alleviated. [These sections are thus] seen as if providing a window for wrongful exploitation of children aged between thirteen years and fifteen years, most of whom still lack sufficient growth and developments in various aspects, including the body, mind, intelligence, education, and experience. In addition, [according to] the provisions of the current law relating to the acts of making it one's own business to procure, lure away, or lead away a woman for [the purpose of] fulfilling the desire of another person, [these acts] will constitute the offence [under] section 282 only when committed against a woman aged not over eighteen years, thus exposing women to detriment, from which there is no law to protect them. It is appropriate to amend [the Penal Code by] criminalising the said acts without regard to women's age. Therefore, it is necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Paet) Phoso Song Phan Ha Roi Samsip" [Act Amending the Penal Code (No. 8), 2530 BE]. (1987, 1 September). Ratchakitchanubeksa [Royal Gazette], 104(173A), 4–12. (In Thai).