"Royal Gazette" Announces the Act amending the Penal Code to add the offense of "sexual harassment" with severe penalties including both imprisonment and fines.
On 30 December 2025 GMT+7, reporters stated that the Royal Gazette website published the Act amending the Penal Code (No. 30) B.E. 2568 (2025), which reads as follows:
His Majesty King Vajiralongkorn Bodindradebayavarangkun graciously commanded the promulgation of this Act, deeming it appropriate to amend the Penal Code, enacted upon the advice and consent of the Parliament as follows.
Section 1: This Act shall be called the "Act Amending the Penal Code (No. 30), B.E. 2568 (2025)."
Section 2: This Act shall come into force from the day following its publication in the Royal Gazette onward.
Section 3: Repeal clause (18) of Section 1 of the Penal Code, as amended by the Act Amending the Penal Code (No. 27) B.E. 2562 (2019), and replace it with the following:
(18) "Rape" means an act committed to satisfy the perpetrator's sexual desire by using the perpetrator's genitalia to penetrate the genitalia, anus, or mouth of another person; or by using other body parts or objects to penetrate another person's genitalia or anus; or by causing another to perform the same act on the perpetrator. However, causing another to perform such an act does not include cases where another uses other body parts or objects to penetrate the perpetrator's genitalia or anus. Genitalia shall include surgically constructed genitalia.
Section 4: Add the following as clause (19) of Section 1 of the Penal Code:
(19) "Sexual harassment" means any act by physical contact, speech, sounds, gestures, communication, watching, stalking, harassment, or by any means, including via computer systems, telecommunications devices, or other electronic devices capable of conveying meaning, directed at another person that has a sexual connotation and is likely to cause that person distress, annoyance, shame, humiliation, fear, or sexual insecurity.
Section 5: Repeal the second, third, and fourth paragraphs of Section 278 of the Penal Code, as amended by the Act Amending the Penal Code (No. 27) B.E. 2562 (2019).
Section 6: Repeal the fourth, fifth, sixth, and seventh paragraphs of Section 279 of the Penal Code, as amended by the Act Amending the Penal Code (No. 27) B.E. 2562 (2019).
Section 7: Repeal Section 281 of the Penal Code, as amended by the Act Amending the Penal Code (No. 27) B.E. 2562 (2019), and replace it with the following:
Section 281: The following offenses are subject to private prosecution:
(1) Section 276 paragraph one, if committed between spouses, provided it was not in public or did not cause serious injury or death to the victim.
(2) Section 278, if not committed in public, did not cause serious injury or death, and was not against persons specified in Sections 285 and 285/2.
Section 8: Add the following Sections 284/1, 284/2, 284/3, and 284/4 to the Penal Code:
Section 284/1: Whoever sexually harasses another person, if the act does not constitute an indecent offense, shall be punished by imprisonment not exceeding one year, or a fine not exceeding twenty thousand baht, or both.
If the offense under paragraph one is continuous or repeated more than once and causes the victim to be unable to live normally, the penalty shall be imprisonment not exceeding two years, or a fine not exceeding forty thousand baht, or both.
If the offense under paragraphs one or two is committed in a public place, in front of the public, or via a computer system accessible to the general public, the penalty shall be imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
If the offense under paragraph one, two, or three is committed against a child under fifteen years of age, regardless of the child's consent, the penalty shall be imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both. The offenses in paragraphs one, two, and three are subject to private prosecution.
Section 284/2: If the offense under Section 284/1 is committed by exploiting authority over the victim, such as being a supervisor, employer, or other person with power, the penalty shall be imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
Section 284/3: In sexual harassment cases, if the court learns or is informed by the prosecutor, plaintiff, victim, or official that the defendant is likely to sexually harass or disturb the victim's normal life continuously, regardless of conviction, the court may prohibit the defendant from certain acts under conditions and for a period not exceeding two years.
A defendant who violates such court orders shall be punished by imprisonment not exceeding six months, or a fine not exceeding ten thousand baht, or both.
Section 284/4: In sexual harassment offenses under Section 284/1 paragraph three involving obscene material introduced into a computer system accessible to the public, upon the court's investigation and request by the victim or official, to maintain public order or morality, the court may order the person who introduced the material to suspend its dissemination and remove it within a specified time. If necessary, the court may order the system controller or service provider to do the same or instruct authorized officials to enforce the order and report to the court within fifteen days.
Anyone who violates the court's order under paragraph one shall be punished by imprisonment not exceeding six months, or a fine not exceeding ten thousand baht, or both.
Section 9: Repeal Section 397 of the Penal Code, as amended by the Act Amending the Penal Code (No. 22) B.E. 2558 (2015), and replace it with the following:
Section 397: Whoever commits any act against another person that constitutes bullying, oppression, harassment, or causes shame or distress shall be fined not exceeding ten thousand baht. If such act is committed in a public place or in front of the public, the penalty shall be imprisonment not exceeding one month, or a fine not exceeding ten thousand baht, or both.
Note – The reason for enacting this Act is due to the current prevalence of various sexual offenses against people of all ages, genders, and including sexual minorities, causing physical and psychological harm to victims.
Therefore, it is appropriate to amend the definition of "rape" and add the definition of "sexual harassment" to cover diverse behaviors. As sexual harassment problems have increased rapidly and become more severe, the existing law only treats such conduct as minor offenses causing annoyance, which does not correspond to the nature of sexual harassment directly. Hence, sexual harassment is now criminalized to punish offenders and deter offenses, while also establishing safety measures to protect society from sexual harassment issues. The enactment of this Act is thus necessary.