Article 284/1: Sexual harassment

Firm annotation

Section 284/1 creates the offence of sexual harassment within the Title on Offences Relating to Sexuality. The text does not enumerate the means: it penalises whoever sexually harasses another person, and its only express limit is that the act must not constitute the offence of an indecent act, which places it below Sections 278 and 279 rather than overlapping them. In the other direction it displaced part of Section 397: the same Act replaced that section and removed sexually-tinged conduct from it, so harassment that is sexual is charged here, while non-sexual bullying, oppression and nuisance remain in Section 397 as a fine-only petty offence. The term itself is defined in Section 1(19), also added by that Act. Four tiers follow. Paragraph one is the base offence at up to one year, or a fine up to 20,000 baht, or both. Paragraph two raises it to two years or 40,000 baht where the conduct is continuous or repeated more than once and causes the other person to be unable to lead a normal life; both elements are required, so repetition alone is not enough. Paragraph three raises it to three years or 60,000 baht where the act is committed in a public place, in the presence of others, or in a computer system accessible to the general public. Paragraph four raises it to five years or 100,000 baht where the victim is a child not over fifteen years of age, and the child's consent is expressly irrelevant. The final paragraph makes the offences under paragraphs one, two and three compoundable; the child limb in paragraph four is not included.