Section 235 — Endangering water traffic
English translation
Whoever, by any means, causes a quantity of water that is likely to be dangerous to water traffic, by destroying, damaging, or altering a watercourse, channel, weir, dam, sluice gate, or a thing built to hold back or to drain water, shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are an act causing a quantity of water that is likely to endanger water traffic, carried out by destroying, damaging, or altering a listed water structure such as a watercourse, channel, weir, dam, sluice gate, or a barrier or drain. The danger need only be likely, so an actual accident is not required. The section belongs to the Title on public dangers, protecting navigation and safety on the water. Section 238 raises the penalty where death results, and Section 239 covers the negligent form.
Why this matters in practice
Exposure is up to five years, or a fine up to 100,000 baht, or both, and the prosecution must prove both the interference with the water structure and that the resulting water condition was likely to endanger water traffic. A common defence is that the change to the water level was not sufficient to create a real risk to navigation. Anyone accused should document the actual water and traffic conditions at the time of the alleged act.
Frequently asked questions
What structures does Section 235 protect?
Watercourses, channels, weirs, dams, sluice gates, and any structure built to hold back or drain water. Damaging or altering them so as to endanger water traffic is the offence.
Does an accident have to happen for Section 235 to apply?
No. The section applies where the resulting water condition is likely to be dangerous to water traffic; an actual collision or sinking is not required.