Thailand – Sexual Conduct Law
Criminal provisions, penalties, and historical context
📜 Penalties at a Glance – Thailand
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Criminal Code s.276) | 4 years | 20 years, or life if aggravated |
| Sex with Minor under 15 | 4 years | 20 years |
| Child Prostitution (s.282–285) | 5 years | 20 years, life in severe cases |
| Soliciting / Prostitution | Fine | 1 year imprisonment |
| Keeping a Brothel | Fine | 10 years |
| Public Indecency (s.388) | Fine | 1 month |
Overview
Thailand’s sexual conduct laws are codified in the Thai Penal Code (sections 276–287) and the Prevention and Suppression of Prostitution Act B.E. 2539 (1996). Although Thailand is known internationally for its sex industry, many associated activities are technically illegal.
Age of Consent
The general age of consent is 15 years. However, commercial sex with persons under 18 is criminalized regardless of consent.
- Sex with under 13 is punished severely, often with life imprisonment.
- Close-in-age exceptions are not clearly codified; minors under 18 remain a legal risk zone.
Key Provisions & Punishments
- Rape (s.276): 4–20 years; life or death if victim dies.
- Indecent Acts (s.278–279): 2–10 years.
- Child Prostitution (s.282–285): 5–20 years, heavy fines.
- Prostitution Act 1996: Criminalizes soliciting, pimping, brothels; individual sex work tolerated but “illegal.”
- Homosexual Acts: Never criminalized; equal consent age since 1997 reform.
Public Decency Laws
Section 388 of the Penal Code prohibits “acts of obscenity in public,” punishable by fine or one month’s imprisonment. Police sometimes use this law against couples in nightlife areas or tourist beaches.
Historical Context
Thailand historically tolerated prostitution, even taxing brothels until its official abolition in 1960. Today, despite prohibition, sex work thrives in Bangkok, Pattaya, Phuket, and other cities, creating a contradiction between law and practice. Foreigners should not mistake tolerance for legality: arrests for solicitation, trafficking, or sex with minors are common.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Thailand | 15 | 4–20 years; life in aggravated | Illegal but tolerated; solicitation banned | Legal; equal age |
| Laos | 15 | 5–15 years | Illegal | Legal |
| Cambodia | 15 | 7–15 years | Illegal but tolerated | Legal |
| Myanmar | 16 | Up to life | Illegal | Legal |
🚫 Common Tourist Mistakes
- Assuming prostitution is legal: Brothels and solicitation remain criminalised.
- Engaging with minors: Even 17-year-olds are protected under commercial sex laws.
- Believing bribes ensure safety: Foreigners often still face court and deportation.
- Public intimacy: Beach or bar displays can mean indecency charges.
- Ignoring visa rules: Immigration authorities monitor sex crime convictions closely.
Insider & Academic Commentary
“Thailand’s sex industry is tolerated but remains illegal on paper. Foreigners wrongly assume safety and face serious charges.” — Thai criminal lawyer, Bangkok
“Police crackdowns are cyclical, but cases involving minors are always prosecuted harshly.” — NGO worker, Chiang Mai
References
Thai Penal Code (B.E. 2499, as amended).
Prevention and Suppression of Prostitution Act B.E. 2539 (1996).
Human Rights Watch. (2010). Off the Streets: Arbitrary Detention and Other Abuses against Sex Workers in Thailand.
UNICEF. (2012). Commercial Sexual Exploitation of Children in Southeast Asia.