Section 277/4: Definition of sexual intercourse
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.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Penal Code, s. 277/4 (Thailand) -
Academic citation
Penal Code (Thailand), s. 277/4. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-277-4/ (accessed 17 August 2026). -
Thai citation
ป.อ. มาตรา 277/4 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-277-4/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-277-4/"><p></p><footer>Penal Code, s. 277/4 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-277-4/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.