Translation:Act Amending the Penal Code (No. 27), 2562 BE

by National Legislative Assembly of Thailand

Table of contents

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §1: definition of "intercourse"
4. Amendment to §276: rape
5. Amendment to §277: intercourse with child
6. Amendment to §277bis: aggravating clauses
7. Amendment to §277ter: aggravating clauses
8. Amendment to §278: aggravating clauses
9. Amendment to §§279–280: indecency with child; aggravating clauses
10. Insertion of §280/1: aggravating clauses
11. Amendment to §281: compoundability
12. Amendment to §285: aggravating clauses
13. Insertion of §285/2: aggravating clauses
14. Amendment §286: exploitation of prostitute
15. Amendment §366/1: necrophilia

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 27),
2562 BE

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Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn
Phra Wachiraklao Chaoyuhua
Given on the 24th day of May 2562 BE
Being the 4th year of the present reign

Phra Bat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua 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 acting as 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. 27), 2562 BE".

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

Section3.The following stipulations shall be inserted in the Penal Code as (18) of section 1:

"(18)"to commit intercourse" means to satisfy one's desire by penetrating the sex organ, anus, or oral cavity of another person with one's sex organ".^[1]

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section 276 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 26), 2560 BE, shall be repealed and replaced by the following stipulations: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.

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 instead of imposing a punishment. 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, relationships between the offender and the child victim, or other suitable causes for the benefit of the child victim.

In the event that the welfare protection under the law on child protection has been implemented for the child victim or the offender, the offender is no longer required to be punished. But if the said welfare protection is unsuccessful, the court may punish the offender more lightly in any degree than that designated by the law for the offence. In making consideration, the court shall also take into account the causes according to paragraph 5."

Section6.The stipulations of section 277bis 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:

"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 three hundred thousand baht to four hundred thousand baht, or life imprisonment;

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

Section7.The stipulations of section 277ter of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 20), 2550 BE, shall be repealed and replaced by the following stipulations:

"Section277ter.If the commission of the offence under paragraph 276, paragraph 3, or section 277, paragraph 4, causes the victim—

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

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

Section8.The following stipulations shall be inserted in the Penal Code as paragraph 2, paragraph 3, and paragraph 4 of section 278:

"If the offence under paragraph 1 is committed by penetrating the sex organ or anus of such person with any object or bodily organ other than the sex organ, the offender 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 2 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 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 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."

Section9.The stipulations of section 279 and section 280 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:

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

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

If the offender commits the offence under paragraph 1 or paragraph 2 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 a punishment of imprisonment from one year to fifteen years, or a fine from twenty thousand baht to three hundred thousand baht, or both the imprisonment and the fine.

If the offence under paragraph 1 or paragraph 3 is committed by penetrating the sex organ or anus of the child with any object or bodily organ other than the sex organ, it 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 4 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 4 or paragraph 5 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 life imprisonment.

If the offence under paragraph 4 or paragraph 5 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 punishment of imprisonment for life.

Section280.If the commission of the offence under section 28 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 one hundred thousand baht to four hundred thousand baht, or life imprisonment;

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

Section10.The following stipulations shall be inserted in the Penal Code as section 280/1:

"Section280/1.If the offender under section 276, section 277, section 278, or section 279 has recorded pictures or sounds of the act of intercourse or indecency with a view to seeking undue benefit for himself or another person, he shall be punished one-third more heavily than that prescribed in such section.

If the offender under paragraph 1 has communicated or forwarded [to another person] the recorded pictures or sounds of the act of intercourse or indecency, he shall be punished one-half more heavily than that prescribed in such section."

Section11.The stipulations of section 281 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following stipulations:

"Section281.The offences under the following sections are compoundable:

(1)section 276, paragraph 1, and section 278, paragraph 2, when committed between spouses and^[2] not occurring in public or not causing the victim to undergo serious harm or to die;

(2)section 278, paragraph 1, when not occurring in public, not causing the victim to undergo serious harm or to die, or not committed against [any of] the persons specified in section 285 and section 285/2."

Section12.The stipulations of section 285 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following stipulations:

"Section285.If the offence under section 276, section 277, section 277bis, section 277ter, section 278, section 279, section 280, section 282, or section 283 is committed against his ascendant, his descendant, his full or half brother or sister, his consanguineous relative, a pupil under his care, a person kept under his control by virtue of an official duty, a person under his guardianship, custodianship, or curatorship, or a person otherwise subjected to his power, the offender shall be punished one-third more heavily than that prescribed in such section."

Section13.The following stipulations shall be inserted in the Penal Code as section 285/2:

"Section285/2.If the offence under section 276, section 277, section 277bis, section 277ter, section 278, or section 279 is committed against a person incapable of self-defence owing to infirmity, mental defect, mental disease, or mental disorder, an ailing person, a senile person, a pregnant woman, or a person in a state of inability to discern right from wrong, the offender shall be punished one-third more heavily than that provided in such section."

Section14.The stipulations of section 286 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:

"Section286.Whoever commits the following by any means shall be punished with imprisonment not over twenty years and a fine not over four hundred thousand baht, or life imprisonment:

(1)assisting, facilitating, or protecting the prostitution of another person;

(2)deriving benefit of any form from the prostitution of another person or from a prostitute;

(3)forcing, threatening, deceiving, or exercising influence over another person or accepting another person into employment for prostitution;

(4)arranging for prostitution between a prostitute and a client;^[3]

(5)concealing or misrepresenting the source of the income or property obtained through prostitution;

(6)being together with or associating with one or several prostitutes habitually and being unable to demonstrate the source of the income for his own living;^[4]

(7)obstructing the operations of an agency in charge of preventing, controlling, assisting, or educating a prostitute, a person who is to engage in prostitution, or a person who is likely to be harmed by prostitution.^[5]

The stipulations of paragraph 1(2) and (6) shall not apply to the recipients of any form of benefit which they are legally or morally entitled to receive."

Section15.The stipulations of section 366/1 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 22), 2558 BE, shall be repealed and replaced by the following stipulations:

"Section366/1.Whoever satisfies his own desire by penetrating with his own sex organ the sex organ, anus, or oral cavity of a corpse, shall be punished with imprisonment not over three years, or a fine not over sixty thousand baht, or both the imprisonment and the fine."

Countersignatory:
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas it is appropriate to improve the definition of the term "to commit intercourse" in the provisions on offences relating to sexuality and the provisions on offences relating to corpses in the Penal Code, in order that they would be clear and be in line with the natural characteristics of intercourse; and [whereas it is appropriate] to improve the provisions on certain offences relating to sexuality in order to increase the efficacy of law enforcement and to extend protection to various groups of sex victims, as children, persons under offenders' power, and persons incapable of self-defence; and [whereas it is appropriate] also to deter acts of exploiting or receiving benefit from prostitutes or prostitution; therefore, it is necessary to enact this Act.

Notes

1. Literally, "to commit for satisfying the desire of the committing person by using the sex organ of the committing person to penetrate the sex organ, anus, or oral cavity of another person".
2. Originally, "if".
3. Literally, "a service user".
4. Compare article 225-6 of the French Penal Code: "3° being unable to account for an income compatible with one's lifestyle while living with a person habitually engaged in prostitution or while entertaining a habitual relationship with one or more persons engaging in prostitution" (Spencer, 2005, p. 51).
5. Compare article 225-6 of the French Penal Code: "4° obstructing operations of prevention, control, assistance or re-education undertaken by institutions qualified to deal with persons in danger of prostitution or engaging in prostitution" (Spencer, 2005, p. 51).

Bibliography

Original

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Yisip Chet) Phoso Song Phan Ha Roi Hoksip Song" [Act Amending the Penal Code (No. 27), 2562 BE]. (2019, 27 May). Ratchakitchanubeksa [Royal Gazette], 136(69A), 127–134. (In Thai).

References

• Spencer, J. R. (2005). "Criminal Code of the French Republic". ODIHR's Legislationline. Archived from the original on 2020-07-06.