Section 277 — Sexual intercourse with a child under 15
English translation
Whoever has sexual intercourse with a child not over fifteen years of age, who is not his or her own wife or husband, whether or not the child consents, shall be liable to imprisonment from five to twenty years and a fine from one hundred thousand to four hundred thousand baht.
If the offence under paragraph one is committed against a child not over thirteen years of age, the offender shall be liable to imprisonment from seven to twenty years and a fine from one hundred forty thousand to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph one or paragraph two is committed by carrying or using a firearm or explosive, or by joint commission with others in the manner of a gang-rape of a girl or a similar act against a boy, the offender shall be liable to 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 is the principal child-victim rape offence and stands apart from Section 276 because the child's consent is legally irrelevant: the only exception is where the child is the offender's own spouse. The elements are sexual intercourse (Section 277/4) with a child not over fifteen who is not the offender's spouse. The section is tiered: paragraph one for children not over fifteen, a heavier band in paragraph two for children not over thirteen, and paragraph three imposing life imprisonment where a firearm or explosive is used or the act is a gang commission. Sections 277/1 and 277/2 add still heavier penalties where the offence causes grievous harm or death, and Section 285 aggravates penalties for offenders in a position of trust over the child.
Why this matters in practice
Consent is not a defence under this section, so evidence disputes usually center on the child's age and on whether intercourse occurred, not on whether the child agreed. Penalty exposure is very high and reaches mandatory life imprisonment in the gravest tier, which, as the courts have confirmed, leaves no room to sentence below life once that tier applies absent statutory mitigation. The offence is not compoundable. Anyone accused under this section faces one of the most serious charges in the Penal Code and should consult a Thai lawyer immediately.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3270/2568 (2025)
Where the offence falls under the tier of Section 277 that carries only life imprisonment, the court cannot fix a punishment below life for each count and cannot reduce it further absent a statutory ground for mitigation.
The defendant was convicted on four counts under the former Section 277 paragraph three, each carrying only life imprisonment, and the combined sentence was life imprisonment. The Supreme Court confirmed it could not impose a lighter penalty than the lower courts because that tier carries only life imprisonment and no mitigating ground was present.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is consent a defence to sex with a child under Section 277?
No. The section applies whether or not the child consents, and the only exception is where the child is the offender's own lawful spouse.
Can the court impose less than life imprisonment for the most serious tier?
Where the applicable tier carries only life imprisonment, the court cannot sentence below life unless a statutory ground for mitigation exists.
What makes the penalty rise to life imprisonment under Section 277?
The penalty rises to life imprisonment where the child is not over thirteen in the aggravated form, or where the act is committed with a firearm or explosive or as a gang commission.