Translation:Criminal Code Amendment Act (No 5), 2525 BE

by National Assembly of Thailand

Table of contents

Act

Preamble

Section

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

Statement of grounds

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Seal of the Royal Command

Criminal Code Amendment
Act (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

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:

Whereas it is appropriate to amend the Criminal Code;

Therefore, by and with the advice and consent of the National Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Criminal Code Amendment Act (No 5), 2525 BE.

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

Section3.The dispositions of sections 276, 277, 277bis, 277ter, 278, 279, and 280 of the Criminal Code, which have been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE, shall be repealed and replaced by the following dispositions:

“Section276.Whoever forcibly performs sexual intercourse with another woman than his own wife by threatening in any manner, by exercising forcible violence, whilst the woman is incapable of resistance, 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, the punishment shall be imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or imprisonment for life.

Section277.Whoever performs sexual intercourse with a girl who is still not older than thirteen years, 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 imprisonment for life.

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, the punishment shall be imprisonment for life.

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

(1)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 imprisonment for life;

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

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

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

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

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

Section279.Whoever commits indecency with a child who is still not older than thirteen years, whether with or without the consent of that child, shall be punished with imprisonment of not over ten years, or a fine of 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 the child is incapable of resistance, or by making the child mistake him for a different person, he shall be punished with imprisonment of not over fifteen years, or a fine of not over thirty thousand baht, or both the imprisonment and the fine.

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

(1)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)death, the offender shall be punished with death or life imprisonment.”

Section4.The dispositions of sections 282, 283, and 284 of the Criminal Code, which have been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE, shall be repealed and replaced by the following dispositions:

“Section282.Whoever, in order to satisfy the lust of another person, makes it his own business to procure, lures away, or leads away for an indecent purpose a girl or woman who is still not older than eighteen years, 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 who is still not older than thirteen years, 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 satisfy the lust of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1 or 2, or aids in the commission of the mentioned offence, shall be punished as provided in paragraph 1 or 2, as the case may be.

Section283.Whoever, in order to satisfy the lust 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 who is still not older than eighteen years, 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 who is still not older than thirteen 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 imprisonment for life, or death.

Whoever, in order to satisfy the lust of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1, 2, or 3, or aids in the commission of the mentioned offence, shall be punished as provided in paragraph 1, 2, or 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 dispositions of section 286 of the Criminal Code, which have been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE, shall be repealed and replaced by the following dispositions:

“Section286.Whoever, being older than 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 disposition of section 287 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section287.Whoever—

(1)⁠for trading purposes 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)trades in or takes part in or involves himself in trade relating to the mentioned 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 mentioned 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 mentioned obscene object or material may be found;

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

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

“Section313.Whoever, in order to obtain ransom—

(1)takes away a child who is still not older than thirteen years;

(2)takes away a person who is older than 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 imprisonment for life, or death.

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

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

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

“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 imprisonment for life.”

Section9.The dispositions of sections 317, 318, and 319 of the Criminal Code, which have been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE, shall be repealed and replaced by the following dispositions:

“Section317.Whoever, without appropriate cause, separates a child who is still not older than thirteen years 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 the child who has been separated according to 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 who is older than thirteen years but still not than 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 the minor who has been separated according to 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 who is older than thirteen years but still not than 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 the minor who has been separated according to paragraph 1, shall be punished in the same manner as the separator.”

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

“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 the 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 dispositions of section 335 of the Criminal Code shall be repealed and replaced by the following dispositions:

“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 incident takes place, or at or around a place where there is an accident, a train or other vehicle for public travel in distress, or other similar disaster, or by taking advantage of the occurrence of such an 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 place, 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 provided for public benefit;

(11)which belongs to the employer or 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 offence under paragraph 1 consists of such characteristics as provided in two or more of the aforementioned 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 which is an ox, buffalo, machine, or engine that a person whose occupation is farming 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 mentioned in this section is committed out of compulsion or unbearable poverty and the thing is of little value, the court may impose upon the offender such punishment as provided in section 334.”

Section12.The dispositions of section 335bis of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 2), 2512 BE, shall be repealed and replaced by the following dispositions:

“Section335bis.Whoever commits theft of a thing which is a Buddha image or religious object or any part of the mentioned 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 disposition of paragraph 2 of section 339 of the Criminal Code, which has been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE, shall be repealed and replaced by the following disposition:

“If the offence committed consists of such characteristics as provided in any particular subsection of section 335, or it is committed upon a thing which is an ox, buffalo, machine, or engine that a person whose occupation is farming 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 disposition of section 339bis of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 2), 2512 BE, shall be repealed and replaced by the following disposition:

“Section339bis.If 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.”

Countersignature
General P Tinsulanonda
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Now, certain criminal acts, especially those constituting 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 oxen or buffaloes of those who conduct farming as occupation, are multiplying, despite the rates of punishment for some instances of these offences having once been increased by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 BE. Accordingly, it is appropriate to heighten the rates of punishment for those who commit the mentioned offences so as to prevent and suppress the commission thereof. It is therefore necessary to enact this Act.