Section 276/2: Sexual intercourse with consenting child 13 to 15
Firm annotation
Section 276/2 carves out a distinct penalty band for the narrow situation of a consenting child aged over thirteen but not over fifteen where the conduct fits Section 276 paragraph one. It works together with Section 277, which criminalizes sexual intercourse with a child not over fifteen whether or not the child consents, and reflects the legislature's graduated treatment of child victims by age and by the presence of the coercive means in Section 276. The referenced conduct in Section 276 paragraph one and the definition of sexual intercourse in Section 277/4 supply the elements, while Section 277/3 sets the higher penalties where this offence results in grievous harm or death.
Why this matters in practice
The key practical point is that a child's consent does not remove criminal liability for sexual conduct with a minor; it only changes which provision and penalty band applies. Penalty exposure here starts at three years, and the offence is not among the compoundable offences listed in Section 281. Where the same conduct results in grievous harm or death, Section 277/3 imposes far heavier penalties. Because charges involving minors are serious and non-negotiable in this age band, anyone involved should consult a Thai lawyer without delay.
Frequently asked questions
Does a child's consent make the act legal under Section 276/2?
No. Consent by a child over thirteen but not over fifteen does not make the act lawful; it only places the offence in this specific penalty band of three to fifteen years imprisonment.
How does Section 276/2 relate to Section 277?
Section 277 broadly criminalizes sexual intercourse with a child not over fifteen regardless of consent, while Section 276/2 sets a specific penalty band for a consenting child aged over thirteen but not over fifteen where the conduct fits Section 276 paragraph one.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 276/2 (Thailand) -
Academic citation
Penal Code (Thailand), s. 276/2. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-276-2/ (accessed 17 August 2026). -
Thai citation
ป.อ. มาตรา 276/2 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-276-2/ -
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