Fines And Penalties For Soliciting Prostitution In Thailand

Thailand’s notorious reputation as a destination for sex tourism has been globally recognized for some time now. This multifaceted phenomenon, deeply intertwined with the country’s economic, social, and cultural fabric is fueled by a combination of poverty and lack of employment opportunities. As these are deeply rooted problems in Thai society, some women turn to desperate measures such as prostituting themselves behind closed doors to make ends meet. However, the issue also raises serious ethical, health, and human rights concerns. 

Although it’s a misconception that prostitution is legalized in Thailand due to popular perception and how openly it is promoted, Thai laws are very much against it. Neither prostitution nor solicitation is legal in Thailand, and there are serious consequences for taking part in it. Regardless of how relaxed the laws may seem to outsiders, it is very much still possible to be fined or prosecuted for soliciting prostitution in Thailand, so it is not recommended for anyone to get involved in the sex industry.

Laws Concerning Prostitution

There are three primary acts that make prostitution illegal in Thailand:

1. The Prevention and Suppression of Prostitution Act:

   This Act prohibits both male and female prostitution in public places and brothels and classifies prostitution as illegal. Anyone who is caught offering sexual services will be fined a minimum of 1,000 THB. Penalties for those supervising them, such as brothel owners, are higher, as this Act is not focused on punishing the sex workers themselves.

2. The Penal Code Amendment Act:

   Section 286 of the Penal Code Amendment Act states that anyone over the age of 16 who subsists on the earnings of a prostitute will be imprisoned for 7 to 20 years and fined from 14,000 to 40,000 THB. Convicted offenders can even be imprisoned for life.

   This does not apply to those who rely on financial support from a prostitute who is required by law or morality to provide it.

3. The Anti-Trafficking in Persons Act:

   This Act criminalizes all forms of human trafficking, including sex trafficking which involves the recruitment, transfer, and exploitation of individuals for the purpose of forced prostitution. The Act also imposes severe penalties on those who assist and patronize the traffickers.

Fines and Penalties

To demonstrate what is prohibited and what is not and the consequences that come from infractions, below are two of the many laws stated in the Prevention and Suppression of Prostitution Act:

• Section 6: Anyone who associates with another person in a prostitution establishment for the purpose of prostitution will be imprisoned for up to 1 month and fined no more than 1,000 THB. Penalties increase after repeated offenses, and deportation and blacklisting from Thailand are also possible. Furthermore, should the solicitation violate other laws and codes, as detailed below, the penalties can accumulate.
• Section 8: Anyone who has sexual intercourse with or acts otherwise against a person over the age of 15 but under 18 in a prostitution establishment, with or without their consent, will be imprisoned for up to 3 years and fined between 20,000 to 60,000 THB. However, if it’s sexual intercourse with a minor (under the age of 15), the offender will be imprisoned for 2 to 6 years and fined between 40,000 to 120,000 THB.

Below are a few of the laws taken from the Penal Code:

• Section 277: Sexual intercourse with a minor (under the age of 15) who is neither the wife nor the husband will result in imprisonment for 4 to 20 years.
• Section 279: Anyone who commits an act of indecency to a minor (under the age of 15) will be imprisoned for up to 10 years and face a fine of 20,000 THB. If the act of indecency was committed through threat, violence, or fraud, the offender will be imprisoned for up to 15 years and fined no more than 30,000 THB.
• Section 280: Anyone who commits an act of indecency to a minor (under the age of 15) and causes bodily harm will be imprisoned for 5 to 20 years and fined between 10,000 to 40,000 THB. If this results in the death of the minor, the offender will receive a death sentence or lifetime imprisonment.
• Section 282: Anyone who procures, seduces, or takes a male or female in order to gratify the sexual desire of a third party without their consent will be imprisoned for up to 10 years and fined up to 2,000 to 20,000 THB. If that person is over the age of 15 but under 18, then the offender will be imprisoned for 3 to 15 years and fined between 6,000 to 30,000 THB.

Conclusion

It is well-known that the police will perform raids at clubs, parlors, and brothels at random intervals, and that those who are caught soliciting the services of prostitutes will suffer heavier penalties than the ones providing them. Should a “John” find themselves in a criminal case involving prostitution in Thailand, they will have little recourse as judges have broad discretion over interpretation of the law and sentencing.

Though a new draft bill to make prostitution legal in Thailand was proposed in March 2023, it still has yet to pass into law. As such, the industry will continue to remain a notorious and risky part of Thailand.

Category: About Thailand