Section 277/3 — Consensual child intercourse causing harm or death
English translation
If the offence under Section 276/2 causes the victim:
(1) to receive grievous bodily harm, the offender shall be liable to imprisonment from five to twenty years and a fine from one hundred thousand to four hundred thousand baht;
(2) to die, the offender shall be liable to the death penalty or imprisonment for life.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 277/3 is the result-aggravated companion to Section 276/2. Its single base offence is the consensual-child provision in Section 276/2, and it raises the penalty according to the seriousness of the consequence: grievous bodily harm (as defined in Section 297) or death. It completes the structure begun by Sections 277/1 and 277/2, which perform the same function for the coercive rape offences, and it confirms that even where a child in the thirteen-to-fifteen band consented, a serious resulting harm exposes the offender to penalties reaching the death penalty. As with the other result-aggravated sections, liability for the heavier penalty depends on proving that the harm or death was a direct consequence of the offence.
Why this matters in practice
The important practical message is that the child's consent, which merely fixed the penalty band under Section 276/2, gives no protection at all once grievous harm or death results, because this section applies the heaviest penalties regardless. As with the neighboring provisions, causation is the central issue: the prosecution must link the harm or death directly to the offence. The offence is not compoundable, and penalty exposure reaches the death penalty. Anyone facing an allegation under this section should consult a Thai lawyer immediately.
Frequently asked questions
Does the child's consent reduce liability under Section 277/3?
No. Consent only fixed the penalty band under Section 276/2. Once the offence causes grievous harm or death, Section 277/3 applies the heaviest penalties regardless of consent.
What penalty applies if the victim dies under Section 277/3?
Under Section 277/3(2), where the offence under Section 276/2 causes the victim to die, the offender may face the death penalty or life imprisonment.