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“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.”13.
The imprisonment terms and fines under Section 9 of the Prostitution Act increase if the victim is a minor. Additionally, if the offense under Section 9 of the Prostitution Act is committed “by means of fraud, deceit, threat, violence, [or] the exercise of undue influence or coercion,” the penalty will be “one-third heavier.”14.
Parents who allow a child to enter into prostitution also are punishable and can have their parental rights revoked. Those who procure children for prostitution face strict penalties, and the punishment is more severe if the minors involved are under 15.
3. Entertainment Places Act.
The Entertainment Places Act makes those who control the operations of certain kinds of entertainment establishments criminally liable if prostitution occurs on their premises. The Entertainment Places Act also requires that any prostitute, upon completion of punishment for practicing prostitution, undergo rehabilitation for one year at a reform house. However, this rehabilitation program has been criticized by Thai government officials for having “weak enforcement” and because “the occupational training consists merely of lessons on how to be a domestic servant.”15.
Current Legal Framework: Prostitution in Thailand.
The Constitution of the Kingdom of Thailand (the “Constitution”)1 is the supreme law of Thailand and, while not directly addressing prostitution, the Constitution does contain several gender-related articles designed to provide women with equal rights and protections. Most broadly, Chapter III, Part 2, Section 30 of the Constitution states:
“All persons are equal before the law and shall enjoy equal protection under the law. Men and women shall enjoy equal rights.”2.
Despite not directly addressing prostitution, the Constitution does contain certain provisions that could be used to combat the sexual exploitation of women and children. Section 52 of the Constitution provides a general mandate for the state to protect “children, youth, women and family members…against violence and unfair treatment” and requires that children and youth who have no custody should be raised and provided with welfare by the state.3 In addition, Section 49 of the Constitution stipulates that all children, including those who are “indigent, disabled or handicapped, or destitute,” are entitled to no less than 12 years of free and equal education.4 Lack of educational opportunities, particularly for women, is commonly identified as a major contributing factor to entry into prostitution. Despite compulsory education up to Grade 6 in Thailand, girls remain especially vulnerable to entry into prostitution because they “seem to have a smaller range of occupations to choose from than do boys” and “given the near absence of social welfare programmes” in Thailand, prostitution is “often the only viable option to cope with poverty, debts and other obligations.”5.
Thailand has several laws and acts that criminalize prostitution and which seek to penalize specific violators in the trade. Below we discuss Thailand’s (i) Penal Code Amendment Act (No. 17) B.E. 2547 (2003) (the “Penal Code”), (ii) Prevention and Suppression of Prostitution Act, B.E. 2539 (1996) (the “Prostitution Act”), and (iii) Entertainment Places Act of B.E. 2509 (1966) (the “Entertainment Places Act”).
1. Penal Code Amendment Act.
Thailand’s Penal Code6 does not explicitly state that prostitution is illegal in Thailand but prohibits any person from earning an income as a prostitute. Title IX, Section 286 of the Penal Code states:
“Any person, being over sixteen years of age, [sic] subsists on the earning of a prostitute, even if it is some part of her incomes [sic], shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.”7.
Title IX, Section 286 of the Penal Code also appears to penalize 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. However, it does not specify what the penalties are for such offenses.
The Penal Code also has a broad prohibition on any indecent act on a child below 15 years of age that would ostensibly cover child prostitution. Title IX, Section 279 of the Penal Code states:
“Whoever, commits an indecent act on a child not yet over fifteen years of age, whether such child shall consent or not, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both.”8.
The Penal Code does not define what constitutes an “indecent act.”
The penalty under Title IX, Section 279 of the Penal Code is increased to imprisonment for up to fifteen years or fines of up to thirty thousand Baht, or both, if the offender commits the offense “by threatening by any means whatever, by doing an act of violence, by taking advantage of such child being in the condition of inability to resist, or by causing such child to mistake him for another person.”9.

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