Section 304 — Attempted abortion offence
English translation
Whoever merely attempts to commit an offence under Section 301 or Section 303 shall be liable to the punishment provided in that Section.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This is a special-part rule on attempt. Ordinarily, under the general provision on attempt in Section 80, an attempt is punished at two thirds of the completed offence. Section 304 overrides that reduction for two specific offences, the woman's own abortion after twelve weeks under Section 301 and non-consensual abortion under Section 303, so an attempt at either is punished as though completed. Notably it does not name Section 302, so an attempt to cause a consensual abortion is not brought up to the full penalty by this section. The provision reflects the legislature's decision to treat these attempts with particular seriousness within the Title on Offences of Causing Abortion.
Why this matters in practice
The practical effect is that there is no attempt discount for the Section 301 and Section 303 offences, so a failed or interrupted abortion attempt of those kinds exposes the accused to the same sentencing range as a completed one. Because Section 302 is deliberately left out, the reduced attempt penalty under Section 80 still applies to an attempted consensual abortion. Where charges are laid, identifying which underlying section is in play, and whether Section 304 removes the attempt discount, directly affects the penalty exposure.
Frequently asked questions
Is an attempted abortion punished the same as a completed one?
For the offences in Sections 301 and 303, yes. Section 304 provides that an attempt is punished with the full penalty of the completed offence, removing the usual attempt discount.
Does Section 304 apply to an attempted consensual abortion under Section 302?
No. Section 304 names only Sections 301 and 303, so an attempt to cause a consensual abortion under Section 302 still receives the reduced attempt penalty under Section 80.