Section 135/3 — Threatening to commit terrorism
English translation
Whoever threatens to commit the offence of terrorism, where the circumstances are such as to give reasonable grounds to believe that the person will act in accordance with the threat, shall be liable to imprisonment not exceeding five years, and a fine not exceeding one hundred thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 135/3 criminalizes the threat of terrorism, a step earlier than the completed or attempted act under Section 135/1. Its elements are a threat to commit a terrorism offence and circumstances that give reasonable grounds to believe the maker will carry it out; an idle or plainly non-credible threat therefore falls short. It sits between Section 135/1 (the substantive offence) and Section 135/2 (support and conspiracy), and in practice is charged alongside them where a defendant both threatened and took steps toward terrorist violence. The penalty, up to five years and a 100,000 baht fine, is markedly lighter than the core offence because no harm need have occurred.
Why this matters in practice
The offence turns on credibility: the prosecution must show circumstances giving reasonable grounds to believe the threat would be acted on, so a defence often focuses on whether the words were a genuine, actionable threat or empty bravado. In the reported cases Section 135/3 appears together with Sections 135/1, 135/2 and 209 in insurgency-type prosecutions, and the courts have repeatedly stressed that being in a secret society and supporting terrorism are separate offences from the threat itself. Exposure of up to five years, though lighter than the core offence, is still serious and non-compoundable as a State-security matter. Specialist criminal defence is essential; see criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3807/2563 (2020)
A single course of insurgent conduct may be convicted under Section 135/3 alongside Sections 135/1 and 135/2 read with Section 86, with the heaviest law applied under Section 90 where the acts form one offence.
The defendant was charged and convicted under Sections 135/1(1)(3), 135/2(2) read with Section 86, 135/3 and 209 together with firearms offences. The courts treated part of the conduct as a single act violating several laws and applied the heaviest provision, confirming that the terrorism-threat count under Section 135/3 forms part of this scheme.
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Supreme Court Judgment No. 222/2556 (2013)
Being a member of a secret society and supporting terrorism are separate offences with different intent and purpose, not a single act violating several laws, and are charged as separate counts.
The defendant was charged under Sections 135/1, 135/2, 135/3 and 209. The appellate court convicted under Sections 135/1(1)(3), 135/2(2) read with Section 86, 135/3 and 209, and the courts held that being in a secret society and supporting terrorism were separate offences with different intent, charged on separate counts.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What must be proved for a Section 135/3 threat offence?
A threat to commit terrorism plus circumstances giving reasonable grounds to believe the person will actually carry out the threat.
What is the penalty for threatening terrorism?
Imprisonment not exceeding five years and a fine not exceeding 100,000 baht.
Is an empty threat enough to be convicted?
No. The circumstances must give reasonable grounds to believe the threat would be carried out, so a plainly non-credible threat does not meet the elements.