Section 118 — Foreign-assisted internal security offences
English translation
Whoever commits an offence provided in Section 113, Section 114 or Section 117, if the act is committed for the purpose of, or by reason of having received, assistance from a foreign state or an alien, the offender shall be liable to a punishment one half heavier than that provided in such sections.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 118 is not a standalone offence but an aggravating provision within the chapter on internal security of the Kingdom. It attaches only to the base offences in Sections 113, 114 and 117, and its single operative element is that the accused acted for the purpose of, or by reason of having received, assistance from a foreign state or an alien. The prosecution must first establish the underlying offence, then the foreign-assistance nexus, before the one-half enhancement applies. Because it borrows the base penalty and adds one half, the ceiling depends on which base section is charged.
Why this matters in practice
Anyone facing a charge under Section 118 is by definition already exposed to the severe penalties of the underlying security offence, now increased by one half. These are non-compoundable offences against the State, so no private settlement can end the case. The realistic contest is factual: whether the foreign-assistance element is proven and whether the base offence itself is made out. Early specialist advice is essential given the exposure; see our overview of criminal law in Thailand.
Frequently asked questions
Is Section 118 a separate crime?
No. It is an aggravating provision that adds one half to the penalty of the base offences under Sections 113, 114 or 117 when foreign-state or alien assistance is involved.
What must the prosecution prove to apply the increase?
It must prove the underlying offence and that the act was done for the purpose of, or because of, assistance received from a foreign state or an alien.