Section 366/1 — Sexual penetration of a corpse
English translation
Section 366/1. Whoever, in order to gratify his own sexual desire, uses his sexual organ to penetrate the sexual organ, the anus, or the mouth of a corpse, 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
Section 366/1 is the first provision of Title 13, a short standalone title on Offences Relating to Dead Bodies inserted into Book II of the Penal Code. The elements are the use of the offender's own sexual organ to penetrate the sexual organ, anus, or mouth of a corpse, coupled with the specific purpose of gratifying the offender's sexual desire. Because the object of the act is a corpse rather than a living person, the conduct falls outside the sexual offences against persons in Title IX and is instead addressed by this dedicated title, which groups the offences against the dead together and places them before the petty offences at the end of Book II. It is the most serious offence in the group, sitting above the general indecency provision in Section 366/2.
Why this matters in practice
The penalty exposure is up to three years' imprisonment or a fine of up to 60,000 baht or both, giving the court discretion between a custodial and a financial penalty. This is a public offence prosecuted by the state rather than a compoundable offence between private parties. Given the sensitive and rarely litigated nature of the conduct, charges of this kind should be handled with careful attention to the statutory elements, and a person involved should consult a Thai lawyer.
Frequently asked questions
What conduct does Section 366/1 cover?
It covers using one's own sexual organ to penetrate the sexual organ, anus, or mouth of a corpse for the purpose of gratifying one's sexual desire. Both the physical act and the sexual purpose must be present.
How is this different from indecency against a corpse under Section 366/2?
Section 366/1 requires sexual penetration and carries the heavier penalty of up to three years' imprisonment. Section 366/2 covers other indecent acts against a corpse that do not amount to penetration and carries a lower penalty of up to two years.