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However, Title IX, Section 286 of the Penal Code states: “Any person, being over sixteen years of age, subsists on the earning of a prostitute, even if it is some part of her incomes, shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.” While penalties are not specified, the same section of the act penalizes any person who (i) is found residing or habitually associating with a prostitute, (ii) receives boarding, money or other benefits arranged for by a prostitute or (iii) assists any prostitute in a quarrel with a customer. 2540 (1997) does not state that prostitution in Thailand is illegal. Obtaining sexual services for oneself without any of the aggravating circumstances (underage victim, trafficking, by fraud, deceit, threat, violence, or the exercise of undue influence or coercion) remains legal and is unpunished under Thai law.
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In regard to trafficking, Section 9 of the act states that, "Any person who procures, seduces or takes away any person for the prostitution of such person, even with her or his consent and irrespective of whether the various acts which constitute an offence are committed within or outside the Kingdom, shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht." Īdditionally, any offense under Section 9 that is committed "by means of fraud, deceit, threat, violence, the exercise of undue influence or coercion," results in a penalty that is "one-third heavier". For child victims between the ages of 15 and 18 years, the prison term is one to three years, and the fine is up to 60,000 baht. Section 8 penalizes those who sexually abuse children under the age of 15 years with a prison term of two to six years and a fine of up to 120,000 baht. The Prevention and Suppression of Prostitution Act was written with a particular focus upon sexual abuse and trafficking of children. The criminal code also stipulates penalties for procuring or using money earned from prostitution. The act also imposes heavier penalties against owners of prostitution businesses and establishments. The term "prostitution establishment" is not clearly defined, although it may be broadly interpreted to include any place where prostitution takes place, especially in regard to cases involving sexual abuse of children that carry heavier penalties (up to six years if the child is younger than 15 years of age)-otherwise, the law is not usually enforced against prostitution in private places. Persons associating in a "prostitution establishment" with another person for the purpose of prostitution faces a jail term or a fine or both. Under the act, persons who solicit sex ".in an open and shameless manner." (a phrase that is not clearly defined), or who are ".causing nuisance to the public." are subject to a fine. Under the act, the definition of "prostitution" is "Sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not." A clear definition of the phrase "in a promiscuous manner" is not provided. 2539 (1996) is the statute most directly dealing with prostitution. The Prevention and Suppression of Prostitution Act, B.E. Prevention and Suppression of Prostitution Act The legal framework governing prostitution in Thailand is based upon three acts: 9 Support organisations for sex workers.7.5 Exploitation by police and officialdom.7 Reasons for prevalence and toleration.1.1 Prevention and Suppression of Prostitution Act.