Volume 136, Issue 69A
Royal Gazette
27 May 2562
Section4.The stipulations of section 276 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations:
"Section276.Whoever forcibly commits intercourse with another person by threatening in any manner, by exercising forcible violence, whilst the latter is being in a state of irresistibility, or by making the latter mistake him for a different person, shall be punished with imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed by making the victim understand that the offender has a firearm or explosive, it shall be punished with imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, it shall be punished with imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or life imprisonment.
If the offence under paragraph 1 is committed between spouses and those spouses still wish to live and cohabit together as husband and wife, the court may impose a punishment lighter in any degree than that designated by the law or may designate conditions for supervision of behaviour instead of imposing a punishment. In the event that the court gives a judgment imposing imprisonment and either spouse does not wish to live and cohabit with the other as husband and wife any longer and wishes for divorce, that spouse shall notify the court and the court shall notify a public prosecutor to institute a divorce action."
Section5.The stipulations of section 277 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 23), 2558 BE, shall be repealed and replaced by the following stipulations: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 five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.
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 and forty thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or paragraph 2 is committed by making the victim understand that the offender has a firearm or explosive, it shall be punished with imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or paragraph 2 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, it shall be punished with life imprisonment.
