I still don't see where it says P4 P is illegal in Thailand
[QUOTE=EverythingThai;2936711]If you don't know then don't say. It is illegal, but tolerated in certain circumstances. The main law that focuses on the service providers is this 1st one.
[B]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.[/B]
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.
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.
So, in the end, it's illegal, but the large fines and punishments are given to the brothel owners and people who live off of the girls, not the girls and the customers. After looking at these laws, one would wonder how Pattaya even exists. The answer is very simple. TIT.[/QUOTE]Most of what you wrote is in the Thai Penal Code link I posted earlier. Still, none of it, including the part you highlighted, addresses the issue of someone accepting money for sex or paying money for sex.
Soliciting in public has long been an offense that street hookers can and do get busted for. Which aligns with laws about public nuisance.
Trafficking? Essentially the same as the "procurement" issue.
Brothels? Same as go-go bars and clubs where the owners or management are profiting from someone else in their establishment engaging in prostitution.
But the simple act of prostitution as practiced between consenting aduls is nowhere to be found in the Thai Penal Code or in your post here.
Loitering or creating a public nuisance.
[QUOTE=MrEnternational;2936738]They actually get them for loitering, not soliciting. They are usually just standing there when the cops pick them up, take them to jail, and charge them a 1000 baht fine.[/QUOTE]True. But I suspect if you and I are standing in those same areas and for as long, the cops would probably not bat an eye or round us up and arrest us for loitering. The rounding up of girls or ladyboys in that way is really meant to "suppress" (to reference a certain interesting word) the public flaunting of prostitution, which Thailand has always outlawed in one way or another. Lord forbid a casual observer think an actual prostitution "industry" is allowed to exist here.
But Thai law has nothing to say about consenting adults exchanging sex for money in private. Unlike the televised sting operation busts of such an exchange or attempt to do so in hotel rooms that we have all seen in, say, Las Vegas or almost any big city in the USA, no official crime is being committed between a prostitute and his / her customer in Thailand when it is done that way.
Now, what could be new and different in that PREVENTION and SUPPRESSION of Prostitution Act (why not say criminalized, outlawed or made illegal with no reference to setting up a business, soliciting in public, profiting from someone else doing all the work, etc? But I digress) is the part where the Act addresses the customer and prostitute who negotiate a P4 P deal in public or on a social network app.
However, there again, an argument could be made that those are "public" events in that it is being done on the street and there are third parties aware of whatever is being discussed on most social network apps. Several such apps already ban people for that kind of conversation. Some even enforce restrictions for someone asking for money for any reason, not just in exchange for sex.
Still, has anyone ever seen, read or heard of a punter getting arrested for chatting up and negotiating a deal with anyone in front of the Nana Hotel sign on Soi 4 in Bangkok? Beach Road in Pattaya? Anywhere else in all of Thailand, ever? I haven't.
So what would be the fix for avoiding getting busted for anything listed in the Thai Penal Code AND that Act referenced by EverythingThai? I suppose if the only negotiations for P4 P are done face to face, not in public and without anyone associated with the establishment or hotel in which the deal is made and consummated raking off a percentage of the money action, everybody is all clear. That should definitely be a warning against a mamasan or bar management even hinting that the girl's fee should be handed to them upfront. They get to put their hands on the barfine. That is all. But that has been addressed in the Thai Penal Code all along as well.
I would still be very surprised if any arrest of punters or prostitutes occurred in accordance with what is suggested in that SUPPRESSION ACT regarding a negotiation for P4 P in a bar or on Line. But, hey, TIT. I suppose they can twist anything into that "creating a public nuisance" category if they really wanted to.