Section 335 — Aggravated theft
English translation
Whoever commits theft:
(1) at night time;
(2) in or at the vicinity of a place where there is a fire, an explosion or a flood, or in or at the vicinity of a place where there is an accident, a disaster to a train or other vehicle used by the public, or any other calamity of a similar nature;
(3) by damaging a barrier made for the protection of persons or property, or by passing through such a barrier by any means;
(4) by entering through an opening made not intended for entry, or through an opening opened by a person party to the offence;
(5) by disguising or impersonating another person, masking the face, or doing any other act in order not to be seen or recognised;
(6) by falsely claiming to be an official;
(7) while carrying a weapon, or by jointly committing the offence with two or more persons; or
(8) in a dwelling place, a government office, or a place provided for public service, which the offender has entered without permission or in which the offender is hiding,
shall be liable to imprisonment from one year to five years and a fine from twenty thousand baht to one 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 335 is the aggravated form of theft, building on the base offence in Section 334. The core act of dishonestly taking away another's property remains the same; what elevates it is the presence of one or more of the eight listed circumstances, which reflect greater danger, planning or breach of security. These include theft at night (1), exploiting a fire, flood, accident or similar calamity (2), defeating a protective barrier (3), entering through an unauthorised or complicit opening (4), disguise (5), impersonating an official (6), carrying a weapon or acting with two or more offenders (7), and theft in a dwelling, government office or public-service place entered without permission or while hiding there (8). The elevated penalty range is one to five years imprisonment and a fine of 20,000 to 100,000 baht, and these grounds can combine with the vehicle aggravation in Section 336 bis.
Why this matters in practice
Which subsection is charged has a major effect on sentence, because Section 335 carries a mandatory minimum of one year, unlike the base offence in Section 334. Like ordinary theft it is not compoundable, so settlement does not end the case, though confession and restitution remain strong mitigating factors. Defence work often targets whether a specific aggravating circumstance is truly made out, for example whether the accused really carried a weapon or whether two or more persons genuinely acted together. Where a robbery is charged, armed theft under subsection (7) can arise as a lesser included offence. Expect these facts to be closely contested at trial.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1546/2568 (2025)
Robbery necessarily includes theft while carrying a weapon under Section 335(7) as an offence in itself; where the prosecution has pleaded the facts and the defendant confesses to a charge carrying one to five years, the court may convict of armed theft without further evidence.
The issue was whether the defendant committed theft while carrying a weapon under Section 335(7). The Court held that robbery includes armed theft as an offence in itself, so on the defendant's confession the court could convict under Section 335(7).
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Supreme Court Judgment No. 3681/2568 (2025)
Theft committed at night falls under Section 335(1), and where the offender is a repeat offender the penalty may be increased; a statement merely asking the court to use its sentencing discretion is not a compromise and does not extinguish a theft prosecution.
The defendant pleaded guilty to nighttime theft under Section 335(1) in conjunction with Section 336 bis. The Court treated the multiple acts as separate offences and held that a mere request for lenient sentencing was not a settlement, so the prosecution was not extinguished.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What makes theft aggravated in Thailand?
Section 335 lists circumstances such as theft at night, during a fire or disaster, by breaking a barrier, in disguise, while armed, by two or more people together, or in a home or public building entered without permission. Any one raises the penalty to one to five years.
Is theft at night more serious?
Yes. Theft committed at night falls under Section 335(1) and carries the aggravated penalty of one to five years in prison and a fine of 20,000 to 100,000 baht.