On 30th December 2025, an important amended law came into force in Thailand, namely the amendment and addition of provisions relating to sexual offenses in the Criminal Code.
The purpose of this amendment is that, at present, sexual offenses occur in many forms and are committed against people of all ages and genders, including LGBTQ+. Such acts cause harm to both the body and mind of the victims.
H&P Litigation team of lawyers in Thailand have prepared a summary of the amendment to the Criminal Code regarding sexual offenses with three main key points as follows.
Amendment of provisions in the Criminal Code
The definition of the term “Rape” under Section 1 (18) of the Criminal Code has been amended.
Previously, it was defined only as an act committed to satisfy the offender’s sexual desire by using the offender’s sexual organ to penetrate another person’s sexual organ, anus, or mouth.
In this amendment to the Criminal Code, the definition has been revised to be broader and to provide greater protection to victims. “Rape” is now defined to cover a wider range of acts.
In addition to acts committed to satisfy the offender’s sexual desire by using the offender’s sexual organ to penetrate another person’s sexual organ, anus, or mouth, it also includes the use of any other organ of the offender or any object to penetrate another person’s sexual organ or anus, or causing another person to perform such acts on the offender.
However, causing another person to perform such acts does not include cases where that person uses another organ or an object to penetrate the offender’s sexual organ or anus.
In addition, to protect people of all ages and genders, the term “sexual organ” also includes sexual organs resulting from surgical procedures.
Addition of a new offense: Sexual harassment
In this amendment to the Criminal Code, provisions on offenses and penalties relating to sexual harassment have been added.
“Sexual harassment” is defined as any act committed against another person by physical actions, words, sounds, gestures, manners, communication, watching, stalking, harassment, or any other means, including acts committed through computer systems, telecommunications devices, or other electronic devices capable of conveying meaning, which have sexual connotations and are likely to cause the other person distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Sections 284/1 and 284/2 of the Criminal Code set out the elements of the offense relating to sexual harassment.
Under Section 284/1, paragraph one, the penalty for the offense of sexual harassment is prescribed that a person who commits sexual harassment shall be liable to imprisonment for a term not exceeding one year, or a fine not exceeding twenty thousand baht, or both.
The offender may be subject to a heavier penalty if there are aggravating circumstances relating to the act, the victim, or the authority of the offender, such as where the victim is a child under fifteen years of age, where the sexual harassment is committed in a public place, or where it is committed repeatedly or on more than one occasion.
In a sexual harassment case, if it appears to the court on its own initiative or upon a request by the public prosecutor, the plaintiff, the victim, or a competent official that the defendant has conduct giving reasonable grounds to believe that the defendant will continue to sexually harass or repeatedly interfere with the normal life of the victim, whether or not the court imposes a criminal penalty, the court may issue an order prohibiting the defendant from committing certain acts under the conditions and for the period specified by the court, but not exceeding two years.
If the defendant violates such prohibition order, he or she shall be liable to imprisonment for a term not exceeding six months, or a fine not exceeding ten thousand baht, or both. This is a safety measure as provided under Section 284/3 of the Criminal Code.
Section 284/4 of the Criminal Code provides safety measures in relation to sexual harassment through computer systems accessible to the general public.
If, based on the court’s inquiry upon a petition by the victim or a competent official and the court finds sufficient grounds, the court may order the person who uploaded such data to suspend its dissemination and remove such data from the computer system within the period specified by the court.
If necessary, the court may order the system administrator or service provider to suspend the dissemination and remove such data from the computer system within the period specified by the court, or may order a competent official under the relevant law to carry out the court’s order and report to the court within fifteen days.
In addition, Section 397 of the Criminal Code, which concerns minor offenses relating to bullying, intimidation, harassment, or causing embarrassment or annoyance to others, has been amended. The elements under Section 397 paragraph two, namely “…or an act of a nature that suggests a sexual violation…”, have been revised to align with the provisions on sexual harassment.
Moreover, the penalty under Section 397 paragraph one has also been increased from a fine not exceeding five thousand baht to a fine not exceeding ten thousand baht.
Repeal of provisions in the Criminal Code
The provisions under Section 278, paragraphs two, three, and four, as well as Section 279, paragraphs four, five, six, and seven, concerning aggravating circumstances for the offense of indecent acts and aggravating circumstances for the offense of indecent acts against children aged 13–15, have been repealed. The purpose of this repeal is to align them with the new definition of the offense of rape.
Originally, Section 278 paragraph two and Section 279 paragraph four provided that the use of an object or any organ other than the sexual organ to penetrate another person’s sexual organ or anus constituted the offense of an indecent act. However, at present, such conduct is considered the offense of rape, which is a more serious offense with heavier penalties.
If you need a legal consultation with a lawyer specialized in criminal law in Thailand, please contact our Bangkok litigation lawyers at info@herrera-partners.com
