Section 365 — Aggravated trespass
English translation
If the offence under Section 362, Section 363 or Section 364 is committed (1) by using force or threatening to use force; (2) by carrying a weapon or by two or more persons jointly committing the offence; (3) at night, the offender shall be punished with 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
This is the aggravated form of trespass: it does not create a fresh offence but attaches a heavier penalty to the base trespass provisions (Sections 362, 363 and 364) whenever any of three circumstances is present, namely use or threat of force, carrying a weapon or acting with two or more persons, or commission at night. The circumstances are alternative, so proof of any one is enough to elevate the offence. In practice force applied in immediate and continuous connection with an ongoing trespass is treated as inseparable from it, so the whole conduct falls under Section 365(1) rather than being split into separate offences.
Why this matters in practice
Aggravated trespass carries up to five years' imprisonment, a real custodial exposure, and it commonly appears alongside charges such as assault, criminal damage or firearms offences arising from the same incident. Like all trespass in this Chapter it remains compoundable under Section 366, so settlement with the occupier can still end the trespass count even where other, non-compoundable charges continue. A frequent defence is to contest the aggravating factor itself, for example that no weapon was carried or that only one person entered, which if accepted drops the case back to the lighter base provision. Encroaching on another's possession of land can qualify even without physically standing on it.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3817/2568 (2025)
Intruding upon another's control over immovable property so as to disturb their peaceful possession amounts to trespass, and where committed jointly by two or more persons it is aggravated under Section 365(2) read with Section 362, even if the offenders did not physically enter the land.
The two defendants placed structures and a barbed-wire fence blocking access to the plaintiff's immovable property. The Court held this intruded on the plaintiff's possession and disturbed peaceful enjoyment, constituting joint aggravated trespass under Section 365(2) with Section 362.
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Supreme Court Judgment No. 2030/2568 (2025)
Where trespass into a dwelling is immediately and continuously followed by force while the trespass is still ongoing, the acts are inseparable and constitute aggravated trespass by force under Section 365(1).
The three defendants trespassed into another's dwelling and used force in an unbroken continuation of the trespass. The Court treated the conduct as one inseparable course of action amounting 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
What makes trespass aggravated under Section 365?
Any of three circumstances: using or threatening force, carrying a weapon or acting with two or more people, or committing the trespass at night.
Is aggravated trespass still compoundable?
Yes. Section 366 makes all trespass offences in the Chapter, including the aggravated form in Section 365, compoundable, so settlement with the occupier can end the trespass charge.
Can I be guilty of trespass without physically entering the land?
Yes. The Supreme Court has held that intruding on another's possession of immovable property so as to disturb peaceful enjoyment can be trespass under Section 365 with Section 362, even without setting foot on it.