Section 366/2 — Indecent act against a corpse
English translation
Section 366/2. Whoever commits an indecent act against a corpse shall be punished with imprisonment not exceeding two years, or a fine not exceeding forty 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 366/2 falls within Title 13 of Book II, the short standalone title on Offences Relating to Dead Bodies. It criminalizes an indecent act committed against a corpse and functions as the general indecency provision of the group, below the penetration offence in Section 366/1. The single element is the commission of an indecent act, with the corpse as the object of the act; unlike Section 366/1 it does not require sexual penetration, and it captures indecent conduct short of penetration. Placed together with Sections 366/1, 366/3, and 366/4, it forms a compact scheme protecting the dignity of the dead, sitting between the property offences and the petty offences at the close of Book II.
Why this matters in practice
Exposure is up to two years' imprisonment or a fine of up to 40,000 baht or both, one tier below the penetration offence in Section 366/1. It is a public offence prosecuted by the state, not a compoundable matter. The scope of an indecent act is fact-dependent and can overlap with the damage or disturbance offence in Section 366/3 where the same conduct also moves or damages the body, so the correct charge turns on the specific acts proven. A person involved in such a matter should seek legal advice.
Frequently asked questions
What is the penalty for an indecent act against a corpse?
Under Section 366/2 the penalty is imprisonment not exceeding two years, or a fine not exceeding 40,000 baht, or both. The court may choose a custodial sentence, a fine, or both.
How does Section 366/2 relate to the other corpse offences?
Section 366/2 is the general indecency provision within Title IX bis. It sits below the penetration offence in Section 366/1 and alongside Section 366/3 on damaging or moving a corpse and Section 366/4 on insulting a corpse, which together protect the dignity of the dead.