Section 359 — Aggravated mischief, specific property
English translation
If the offence under Section 358 is committed against (1) machinery or engines used in agriculture or industry, (2) livestock, (3) vehicles or draught animals used in public transport, or (4) crops of a farmer, the offender 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 359 is an aggravated form of mischief. It does not create a separate offence; it raises the penalty of Section 358 from three years to five where the damaged property falls into one of four protected categories: agricultural or industrial machinery, livestock, public-transport vehicles or draught animals, and a farmer's crops. The common thread is that these assets are economically vital to agriculture, industry, and public transport, so their destruction causes wider harm than damage to ordinary property. Charges are pleaded as Section 358 read with Section 359, and where the additional element under Section 359 is not proved the conviction falls back to plain mischief under Section 358.
Why this matters in practice
This section frequently arises in rural disputes, where damaging or destroying a farmer's crops or livestock is charged, and the higher five-year exposure changes the stakes compared with ordinary mischief. The key contested points are whether the property genuinely falls into one of the four categories and whether the accused intended the damage. Note that the aggravated form is not made compoundable by Section 361, which covers only plain Section 358 mischief, so settlement does not automatically dispose of a Section 359 charge. Damage to crops is often paired with trespass. See the general framework in criminal law in Thailand.
Frequently asked questions
What makes mischief carry five years instead of three?
Under Section 359 the penalty rises to five years when the damaged property is agricultural or industrial machinery, livestock, a public-transport vehicle or draught animal, or a farmer's crops.
Is destroying a farmer's crops covered?
Yes. Damaging or destroying a farmer's crops falls under item (4) of Section 359 and carries the heavier five-year penalty.
Is a Section 359 charge compoundable?
No. Section 361 makes only plain Section 358 mischief compoundable, so a settlement does not automatically end an aggravated charge under Section 359.