Thailand Law Library

by Thailand Lawyer

Whoever has sexual intercourse with a woman, who is not wife, against her will, by threatening by any means whatever, by doing any act of violence, by taking advantage of the woman being in the condition of inability to resist, or by causing the woman to mistake him for the other person, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht.

If the offence as mentioned in the first paragraph is committed by carrying or using any gun or explosive, or participation of persons in the nature of destroying the woman, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life.

Whoever, has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is committed against a girl not yet over thirteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.

If the commission of the offence according to the first or second paragraph is committed by participation of persons in the nature for destroying a girl and such girl is not consent, or by carrying the gun or explosive, or by using the arms, the offender shall be punished with imprisonment for life.

The offence as provided in the first paragraph, if the offender being the man commits against the girl over thirteen years but not yet over fifteen years of age with her consent and the Court grants such man and girl to marry together afterwards, the offender shall not be punished for such offence. If the Court grants them to marry together during the offender be still inflicted with the punishment, the Court shall release such offender.

If the commission of the offence according to the first paragraph of Section 276, or the first or second paragraph of Section 277, causes:

• Grievous bodily harm to the victim, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life;
• Death to the victim, the offender shall be punished with death or imprisonment for life.

If the commission of the offence according to the second paragraph of Section 276 or the third paragraph of Section 277, causes: Grievous bodily harm to the victim, the offender shall be punished with death or imprisonment for life Death to the victim, the offender shall be punished with death.

Whoever, committing an indecent act to the person over of fifteen years of age by threatening with any means, by doing any act of violence, by taking advantage of that person to be in the condition of inability to resist, or by causing that person to mistake him for the other person, shall be imprisoned not more of ten years or fined not more of twenty thousand Baht, or both.

Whoever, commits an indecent act on a child not yet over fifteen years of age, whether such child shall consent or not, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both.

If the commission of the offence according to the first paragraph, the offender commits it by threatening by any means whatever, by doing any act of violence, by taking advantage of such child being in the condition of inability to resist, or by causing such child to mistake him for another person, the offender shall be punished with imprisonment not exceeding fifteen years or fined not exceeding thirty thousand Baht, or both.

If the commission of offence according to the Section 278 or Section 279 causes:

• Grievous bodily harm to the victim, the offender shall be punished with imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht;
• Death to the victim, the offender shall be punished with death or imprisonment for life.

The commission of offence according to the paragraph 1 of Section 276 and Section 278, if not to occur in the public, not to cause the grievous bodily harm or death to the victim, not commit against the person as specified in this Section, it shall be the compoundable offence.