Section 278 — Indecent act by coercion
English translation
Whoever commits an indecent act against a person over fifteen years of age by threatening in any manner, by using force, by the person being in a state of being unable to resist, or by causing the person to mistakenly believe that the offender is another person, shall be liable to imprisonment not exceeding ten years, or a fine not exceeding two hundred thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 278 is the indecent-act counterpart to the rape offence in Section 276. An indecent act is sexual conduct that falls short of the penetration defined as sexual intercourse in Section 277/4. The elements are an indecent act, against a person over fifteen, committed by one of the same coercive means as Section 276: threat, force, exploitation of an inability to resist, or impersonation. This section protects victims over fifteen; Section 279 covers indecent acts against children not over fifteen. Aggravated results and use of a weapon are dealt with in Section 280, and Section 281 makes the basic offence compoundable in limited circumstances.
Why this matters in practice
The distinction between an indecent act under this section and rape under Section 276 turns on whether penetration as defined in Section 277/4 occurred, and it makes a large difference to penalty exposure. Where the indecent act is committed together with another offence, such as trespass by force, the courts may treat it as a single act violating several provisions and punish under the heaviest one. The basic offence is compoundable only within the narrow limits of Section 281 (not in public, no grievous harm or death). Anyone facing or considering a complaint under this section should consult a Thai lawyer about the correct charge and available defences.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1689/2566 (2023)
Where an indecent act under Section 278 paragraph one is committed together with trespass by force, it may be treated as a single act constituting several offences, and the offender is punished under the provision carrying the heaviest penalty.
The defendant pleaded guilty. The trial court found the conduct guilty under Section 278 paragraph one and under trespass provisions (Section 365(1) with Sections 362 and 364), treated it as a single act violating several provisions, and imposed punishment under trespass by force as the heaviest provision.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the difference between an indecent act and rape in Thailand?
Rape under Section 276 requires the penetration defined in Section 277/4, while an indecent act under Section 278 is sexual conduct that does not involve such penetration, and it carries a lighter penalty.
Is an indecent act under Section 278 compoundable?
The basic offence can be compounded only in the narrow circumstances set out in Section 281, that is, where it was not committed in public and caused no grievous harm or death.