Section 277/4 — Definition of sexual intercourse
English translation
Sexual intercourse under this Chapter means the act done to gratify the sexual desire of the offender by using the offender's sexual organ to penetrate the sexual organ, anus, or mouth of another person, or by using any other thing on the sexual organ, anus, or mouth of another person.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 277/4 is a definition section, not an offence, and it supplies the meaning of sexual intercourse used across the rape provisions in this Chapter, notably Sections 276, 276/2, and 277. The definition is deliberately broad in three ways: it covers penetration of the sexual organ, the anus, or the mouth; it covers penetration by the offender's sexual organ or by any other thing; and it requires the purpose of gratifying sexual desire. This modern formulation, introduced by amendment, expanded the older, narrower concept of intercourse and is what distinguishes rape under Section 276 from the lesser offence of an indecent act under Section 278, which does not involve the penetration described here.
Why this matters in practice
In practice this definition is often decisive in charge selection, because whether the facts amount to sexual intercourse (rape) or only an indecent act turns on whether the described penetration occurred. Given the broad wording, penetration of the mouth or with an object can constitute intercourse for the purpose of the rape offences, which materially raises penalty exposure compared with an indecent act. Because the definition governs several serious offences, the precise factual account of the act matters greatly, and anyone affected should consult a Thai lawyer about how the facts map onto the offence.
Frequently asked questions
What counts as sexual intercourse under the Thai Penal Code?
Section 277/4 defines it as an act to gratify sexual desire by penetrating another person's sexual organ, anus, or mouth with the offender's sexual organ, or by using any other object on those parts.
How does this definition separate rape from an indecent act?
Rape under Section 276 requires the penetration described in Section 277/4, while an indecent act under Section 278 covers sexual conduct that does not involve such penetration and carries a lighter penalty.