Section 364 — Trespass into a dwelling at night
English translation
Whoever, without reasonable cause, enters or hides in a dwelling, a building for the safekeeping of property, or an office in the possession of another person at night, shall be punished with imprisonment not exceeding three years or a fine not exceeding sixty 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
The elements are entering or concealing oneself, without reasonable cause, in a dwelling, storehouse or office in another person's possession, with the aggravating circumstance that it occurs at night. This section sits within the Chapter on trespass and is the base offence that Section 365 elevates when the trespass is committed with force, with a weapon, by two or more persons acting together, or at night. Because Section 364 already requires nighttime, a prosecution combining Section 364 and the night limb of Section 365 turns on the added factors of force, weapon or numbers rather than the time alone.
Why this matters in practice
Trespass in this Chapter is a compoundable offence under Section 366, so a settlement or withdrawal of the complaint by the occupier ends the case, and an unreported complaint must be brought within three months of learning of the offence and offender. Exposure rises sharply where force, a weapon or joint action is alleged, because the charge then becomes aggravated trespass under Section 365 with up to five years' imprisonment. Common defences include lawful reason to enter, consent of the occupier, and dispute over whether the place qualifies as a protected dwelling, storehouse or office. Anyone facing or filing such a charge should get early criminal law advice on the compounding window.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2030/2568 (2025)
Where a person trespasses into another's dwelling and immediately uses force in an unbroken continuation while the trespass is still ongoing, the acts cannot be separated and constitute aggravated trespass by force under Section 365(1), built on the base trespass of Section 364.
The three defendants trespassed into another person's dwelling and then used force in an unbroken continuation of the trespass. The Court held the conduct was inseparable and amounted to aggravated trespass by force under Section 365(1).
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 nighttime trespass under Section 364 a compoundable offence?
Yes. Section 366 makes all trespass offences in this Chapter, including Section 364, compoundable, so the case can end if the occupier settles or withdraws the complaint.
What is the penalty for hiding in someone's building at night?
Under Section 364 the penalty is imprisonment of up to three years, a fine of up to 60,000 baht, or both.
When does trespass become the aggravated offence under Section 365?
When it is committed with force or threats, with a weapon, by two or more people together, or at night, in which case the maximum rises to five years' imprisonment.