Age of consent in Thailand: legal framework, criminal liability, and statutory protections

The age of consent in Thailand under the Penal Code 

The primary provision governing the age of consent in Thailand is Section 277 of the Thai Penal Code. This section criminalises sexual intercourse with a girl under the age of 15, regardless of consent. It provides that any person who engages in sexual intercourse with a girl not over 15 years of age is liable to imprisonment for a term of four to twenty years and a fine ranging from 80,000 to 400,000 baht.

Section 277 of the Thai Penal Code constitutes the primary law governing the age of consent in Thailand. The provision penalises any person who engages in sexual intercourse with a girl under 15 years of age, regardless of consent. The law imposes a penalty of four to twenty years’ imprisonment and a fine ranging from 80,000 to 400,000 baht. Where the offender uses force or threats, or holds a position of trust or authority—such as a teacher or guardian—the court may impose increased penalties.

Section 277 of the Penal Code establishes that a person under the age of 15 lacks the legal capacity to consent to sexual activity. As a result, the law classifies any sexual act involving a person under 15 as statutory rape, even where both parties engage consensually, whether consent is explicit or implied. Thai statutory interpretation treats the absence of legal capacity to consent as absolute, leaving no room for exceptions.

Section 278 of the Penal Code further extends criminal liability to cases where a girl over 15 but under 18 engages in sexual activity as a result of deceit, intimidation, or an abuse of trust. In such situations, the law imposes criminal liability based on the nature of the conduct itself, regardless of whether the general age of consent would otherwise apply.

The age of consent in Thailand under the Civil and Commercial Code 

Section 19 of the Civil and Commercial Code defines legal majority in Thailand as reaching the age of 20. The law classifies individuals below this age as minors and restricts their legal capacity, including in contractual and family law matters.

According to Section 1448 of the Civil and Commercial Code, the legal minimum age for marriage is 17 and only under exceptional circumstances with the court’s approval can the parties get married at a younger age. 

Unlike certain jurisdictions that recognize “Romeo and Juliet” laws, Thailand has no close-in-age exemption. As stated previously, this means that two minors who engage in consensual sexual activity may be subject to prosecution. Prosecutorial discretion may result in leniency, but the statutory provisions apply without exception.

Offenses related to the age of consent in Thailand

• Offenses related to indecent acts

Section 279 criminalizes indecent acts committed against individuals under 15, even when they do not involve intercourse. Penalties include imprisonment of up to ten years and fines up to 200,000 Baht. Where the act involves force or the victim is under 13, the punishment increases.

• Child pornography and digital offenses

The Computer Crime Act B.E. 2550 (2007), as amended, and the Penal Code prohibit the possession, production, and distribution of child pornography. Penalties include imprisonment of up to seven years and fines exceeding 100,000 Baht. Possession alone, even without distribution, is a punishable offense.

• Child prostitution and trafficking

The Prevention and Suppression of Human Trafficking Act B.E. 2551 criminalizes the procurement of minors for sexual purposes. Section 6 imposes imprisonment of ten to twenty years and fines up to 400,000 Baht. These offenses are non-compoundable and subject to immediate arrest and pre-trial detention.

Aggravating circumstances for offenses related to the age of consent in Thailand 

• Status of the offender

Where the offender is a teacher, parent, step-parent, guardian, or person responsible for the care of the minor, Thai law applies aggravated penalties. Such individuals may be subject to longer prison terms, and courts may impose additional sanctions under the Child Protection Act B.E. 2546, including disqualification from holding positions involving the care of minors.

• Use of force, coercion, or threats

In the case of sexual activity with the use of force, threats, or other forms of coercion, section 276 of the Penal Code applies. This section criminalizes non-consensual sexual intercourse by means of threat, violence, exploitation of vulnerability, or impersonation. The penalty ranges from four to twenty years of imprisonment and a fine between 80,000 and 400,000 Baht. If the victim is under 15, the punishment increases to twenty years’ imprisonment. If the victim is under 13, the offender may face life imprisonment.

Section 276 constitutes the key legal provision for rape and sexual assault under Thai law, regardless of the victim’s age. In the case of aggraviating factors such as weapons, organized assault, or resulting injury, the sentence may be further increased.

• Repetition and habitual offending

Where the offender has previously been convicted of a similar offence, or where multiple victims are involved, penalties may be enhanced under Section 92 of the Penal Code. This provision authorizes the court to consider repeat behavior as a factor warranting increased punishment.