Section 287/1 — Child obscene material offence
English translation
Whoever commits any of the following acts concerning an obscene object or material that is an image or sound of a child not over eighteen years of age:
(1) produces, possesses, imports, or in any manner causes to be disseminated;
(2) transmits, distributes, or publicly displays;
(3) carries on trade in, or is involved in trade concerning, such obscene object or material,
shall be liable to imprisonment from three to seven years and a fine from sixty thousand to one hundred forty thousand baht.
If the offender under paragraph one acts in order to seek sexual benefit for himself or another person, he shall be liable to imprisonment from four to ten years and a fine from eighty thousand to two hundred thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 287/1 is the child-specific counterpart to the general obscene-materials offence of Section 287, covering obscene material that is an image or sound of a child not over eighteen years of age. Its three limbs mirror the general offence: production, possession, import, or dissemination; transmission, distribution, or public display; and trade or involvement in trade. The base penalty of three to seven years is far higher than Section 287, and a second paragraph adds an aggravated tier of four to ten years where the conduct is for sexual benefit. It complements Section 287/2, which criminalises possession of such child material specifically for sexual benefit, and reflects the heightened protection the Code gives to minors within the Title on Offences Relating to Sexuality.
Why this matters in practice
This is a serious offence: even the base tier starts at three years, and the aggravated tier for acting to seek sexual benefit reaches ten years, so the presence of a sexual-benefit purpose is decisive for sentencing. A key factual issue is whether the material actually depicts a child not over eighteen and whether the accused produced, spread, or merely possessed it. Given the gap between this offence and the milder general offence in Section 287, and the still-different possession offence in Section 287/2, precise charge analysis matters; consider an online consultation with a Thai lawyer.
Frequently asked questions
What is the penalty under Section 287/1?
Imprisonment from three to seven years and a fine, rising to four to ten years and a heavier fine where the offender acts to seek sexual benefit for himself or another person.
What age defines child material under Section 287/1?
The material must be an image or sound of a child not over eighteen years of age for the section to apply.