Section 287/2 — Possession of child obscene material
English translation
Whoever possesses an obscene object or material that is an image or sound of a child not over eighteen years of age in order to seek sexual benefit for himself or another person shall be liable to imprisonment not exceeding five years or a fine not exceeding one 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 287/2 criminalises the simple possession of child obscene material, closing the gap left by Section 287/1, which centres on production, dissemination, and trade. Its elements are possession of an obscene object or material that is an image or sound of a child not over eighteen, coupled with the special purpose of seeking sexual benefit for the possessor or another. That special intent is essential, distinguishing this offence from mere incidental possession, and it carries imprisonment of up to five years or a fine, or both. It works together with the general obscenity offence in Section 287 and the production and trade offence in Section 287/1, with the courts treating the child-material offences as distinct from the general one where the special intent differs.
Why this matters in practice
The decisive element here is the special purpose: possession alone is not enough, and the prosecution must show the material was held in order to seek sexual benefit, so that intent is the natural battleground of the defence. Exposure of up to five years places this above the general obscenity offence in Section 287 but below the production and trade offence in Section 287/1. Because the same investigation may generate separate counts under Sections 287 and 287/1 as well, anyone accused should get advice on how the offences interact; see the firm's overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4909/2566 (2023)
Possessing child obscene material under Section 287/2 is a distinct offence from dealing in general obscene material under Section 287, and the differing special intent means the acts are separate counts, not a single act.
The defendants pleaded guilty to charges under the Computer Crime Act and Sections 287 and 287/2; the Supreme Court held that the special intent behind the child-material offence differed from that of the general obscene-material offence, so the conduct constituted separate counts rather than a single act.
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 possessing child obscene material a crime under Section 287/2?
Yes, where the material is an image or sound of a child not over eighteen and it is possessed in order to seek sexual benefit for the possessor or another person. The penalty is up to five years or a fine, or both.
How is Section 287/2 different from Section 287/1?
Section 287/2 punishes simple possession for sexual benefit, while Section 287/1 targets producing, disseminating, or trading in child obscene material and carries heavier penalties.