Section 280 — Aggravated indecent act
English translation
If the offence under Section 278 or Section 279 is committed by carrying or using a firearm or explosive, the offender shall be liable to imprisonment from one to fifteen years and a fine from twenty thousand to three hundred thousand baht.
If the offence under Section 278 or Section 279 causes the victim to receive grievous bodily harm, the offender 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 Section 278 or Section 279 causes the victim to die, the offender shall be liable to the death penalty or 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 280 is the aggravating provision for the indecent-act offences in Sections 278 and 279. It operates in two ways: paragraph one aggravates by the means used (a firearm or explosive), while paragraphs two and three aggravate by the result (grievous bodily harm as defined in Section 297, or death). Because paragraphs two and three attach liability to a consequence, the harm or death must be shown to be a direct result of the indecent act; where it is not, only the base offence under Section 278 or Section 279 applies. This structure mirrors the aggravation of the rape offences in Sections 277/1 and 277/2 and marks the point at which an indecent act can carry penalties as high as the death penalty.
Why this matters in practice
Causation is the central battleground for the result-based paragraphs: if the death or grievous harm was not a direct result of the indecent act, the offender is guilty only of the base offence, which the courts have applied to reduce liability where an intervening cause broke the chain. Similarly, where an accused's conduct did not reach attempted rape, the courts have treated it as an indecent act causing grievous harm rather than attempted rape. Penalty exposure ranges from a modest term for the weapon aggravation up to the death penalty where the victim dies. Anyone facing an allegation under this section should consult a Thai lawyer about causation and the correct charge.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6389/2560 (2017)
Where the victim's death did not directly result from the indecent act, the aggravation for death does not apply and the offenders are guilty only of the base indecent act under Section 278.
The victim fell and died from a bloodstream infection arising from complications. The Court held the death was not a direct result of the joint indecent act, so the defendants were guilty only of a joint indecent act under Section 278 and not of the aggravated form causing death.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When does an indecent act carry the highest penalties under Section 280?
The penalties rise when the act is committed with a firearm or explosive, causes the victim grievous bodily harm (five to twenty years), or causes death (the death penalty or life imprisonment).
What happens if the death was not a direct result of the indecent act?
If the death or grievous harm was not a direct result of the indecent act, the offender is guilty only of the base offence under Section 278 or Section 279, not of the aggravated form.