Section 279 — Indecent act against a child under 15
English translation
Whoever commits an indecent act against a child not over fifteen years of age, whether or not the child consents, shall be liable to imprisonment not exceeding ten years, or a fine not exceeding two hundred thousand baht, or both.
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 one to ten years, or a fine from twenty thousand to 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 279 is the child-victim counterpart to Section 278, and like the child rape offence in Section 277 it removes consent as a defence: an indecent act against a child not over fifteen is an offence whether or not the child agreed. It is tiered by age, with paragraph two setting a minimum term of imprisonment for victims not over thirteen. The offence covers indecent conduct that does not reach the penetration defined in Section 277/4, which would instead engage Section 277. Aggravated forms, including use of a weapon and results of grievous harm or death, are dealt with in Section 280, and Section 285 aggravates penalties for offenders in a position of trust over the child.
Why this matters in practice
Because consent is not a defence, disputes in these cases usually concern the child's age and whether an indecent act occurred, rather than agreement. Penalty exposure reaches ten years, and where the conduct amounts to the penetration in Section 277/4 the more serious child rape offence under Section 277 applies instead. The offence is not among the compoundable offences in Section 281. Given the seriousness of any allegation involving a child, anyone accused should consult a Thai lawyer promptly.
Frequently asked questions
Does a child's consent matter under Section 279?
No. An indecent act against a child not over fifteen is an offence whether or not the child consents.
When does the conduct become child rape instead of an indecent act?
Where the conduct amounts to the penetration defined in Section 277/4, the more serious offence of sexual intercourse with a child under Section 277 applies instead of Section 279.