Section 104 — Petty offences require no intention
English translation
A petty offence under this Code is an offence even if committed without intention, unless the provision defining that offence provides otherwise.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 104 is a key exception to the general rule in Section 59 that a person is criminally liable only when acting intentionally, or negligently where the law so provides. For the minor class of petty offences, the prosecution does not need to prove intention; the wrongful act alone suffices unless the defining provision expressly requires a particular state of mind. This reflects the regulatory character of petty offences, many of which concern public order and minor nuisances. The exception is itself qualified: where the text of a specific petty offence indicates otherwise, that specific wording controls.
Why this matters in practice
In practice this makes petty offences much harder to defend on a lack-of-intent argument: telling the court that you did not mean to break the rule usually will not defeat the charge. Because the penalties are minor and many petty offences are compoundable or settled with a fine, the practical question is often whether the conduct falls within the definition at all, rather than whether it was intentional. Where a specific petty-offence section does list a mental element, however, that requirement must still be met, so the exact wording of the charging section should always be checked.
Frequently asked questions
Do I need intent to be guilty of a petty offence in Thailand?
No. Under Section 104 a petty offence is committed even without intention, unless the specific section defining the offence requires a particular state of mind.
Is Section 104 an exception to the general intent rule?
Yes. It is an exception to the principle that criminal liability requires intention or negligence, applying only to the minor class of petty offences and only where the offence text does not say otherwise.