It has already been disputed about 100 times here. But 101 times is ok too.
[QUOTE=SubCmdr;3078245]Can anyone dispute the plain language examples given by the following poster?
Would anyone care to dispute the examples given using the plain language of the law? Then explain to me how Prostitution is legal in Thailand.
I will stipulate that the law in Thailand does not address this specific example in a very specific situation, under very specific conditions that you have provided. Give an example (just one) of exactly how these situations occur in Thailand?[/QUOTE]Quoted by you in your post:
[QUOTE]Section 5. Any person who, for the purpose of prostitution, solicits, induces, introduces herself or himself to, follows or importunes a person in a street, public place or any other place, [b]which is committed openly and shamelessly or causes nuisance to the public[/b], shall be liable to a fine not exceeding one thousand Baht.
Example foreign man walks up to a lady on beach road or walking street or soi Bukao and asks how much for sex ST. The Thai girl replies with 1000ST. They agree. Even if no one is considered a nuisance, it's considered shameless in Thai culture. The fact this happened and someone may have witnessed it makes it shameless. They both consented. Boom! Section 5 law is broken.
Section 6. Any person who associates with another person[b] in a prostitution establishment for the purpose of prostitution of oneself or another person[/b] shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding one thousand Baht or to both.[/QUOTE]Ok, see the highlighted qualifiers as cited by that poster who inexplicably tried as persistently as you have to scare International punters on this International Sex Guide website out of the market and curious Thai P4 P providers out of the business by insisting that Prostitution is NOT legal in Thailand and therefore must be illegal and a crime? Well, as it was then and is now successfully refuted, using that Plain Language:
1. Don't solicit for Prostitution [B]openly and shamelessly.[/B].
1 a. Regarding his example, in their heart of hearts those two might feel shameless about it. But maybe not. What if we had every reason to believe both of them felt shame for what they were up to? Then it's not illegal, right? LOL. But I digress. The Code or Act he cited says "openly and shamelessly". Not just one of those ways. Both of those ways. Regardless how they feel about it in their heart of hearts, if two or more people cannot manage to have a conversation or negotiation about Prostitution on Beach Road in Pattaya or on Soi 4, Soi 11, Sukhumvit Road etc in Bangkok without making it "openly" clear to all around what they are saying, then it's time for them to conduct those conversations elsewhere. Probably next to the ice dispenser machine at the back of the nearest 7-11 would be fine. And, hey, it turns out the only ones who do get arrested for that particular Prostitution-related activity, all females and practically all foreigners, are the ones who apparently cannot manage to do it discreetly and privately.
Never heard of anyone getting busted for that particular Prostitution-related activity next to the ice dispenser at the back of a 7-11, have you? Now, don't tell me negotiations have never been conducted there in all of Thailand or on the steps leading up to a bts station or inside a gogo bar. Or are we now to believe Prostitution is only illegal and a crime in Thailand if the negotiations for it are conducted on Beach Road in Pattaya, on Soi 4 and Sukhumvit Road in Bangkok?
Can anyone imagine the law forbidding murder while qualifying that it's illegal, a crime and carries a heavy penalty if it is performed "openly and shamelessly, causes a public nuisance" and so on but otherwise the state has no opinion and nothing to say about it? Oh, also don't do it in a Murder Establishment. And imagine if they also just couldn't form the Plain Language to mention the penalty for good old fashioned hidden and shameful murder by Colonel Mustard, in the parlor, with a candlestick? Ridiculous.
2. Don't solicit for Prostitution in a manner that [B]causes nuisance to the public.[/B].
3. As has been stated over and over again, [B]Prostitution establishments[/B] are illegal in Thailand and operating one, being "employed" as a Prostitute in one or patronizing one for the purpose of Prostitution is forbidden by that Act. I would suggest you go into establishments for the purpose of getting a massage, having a drink, watching exotic dancing, meeting new people and making friends and then see what happens.
Who knows, you might meet a consenting adult in there who makes a discrete and personal decision to exchange sex for money with you. For which there is zero Section in either The Thai Penal Code or the Prevention and Suppresion of Prostitution Act as well as zero Plain Language sentence in either one that cites that behavior as well as the actual act of having sex in exchange for money as illegal, a crime or subject to a fine, imprisonment or any other penalty whatsoever.
Until someone can produce and quote the Plain Language statement in any Thai Penal Code or Act that states thr penalty for consenting adults engaging in Prostitution, sex for money or money for sex, or any credible news report of consenting adults getting arrested just for that with no qualifiers about where and how openly and shamelessly the solicitation for it was in a public place causing a nuisance, then I have no choice but to firmly conclude that Prostitution between consenting adults is neither illegal nor a crime in Thailand whether or not the state decides to "legalize" it for the purposes of allowing those aforementioned currently illegal Prostitution Establishments to be set up, regulated and taxed.
And the actual quote in the Code for your conclusion is?
[QUOTE=CaptainSolo;3078296]Read the code. Prostitution IS ILLEGAL in Thailand but it brings in sex tourists and billions $ of revenue a year to the economy, so the government conveniently looks the other way and lets it happens. Prostitution has always been there. It just became outrageous in public since the 60's with America's rowdy GIs on are and are.
What charges did the gevernment file against the people behind FIWFANS and what happened to them since? May be they did not pay their bribes in time?
The news said they were charged with promoting prostitution, pimping, trafficking ect, anything the government can conveniently throw at them.[/QUOTE]Yep, promoting, pimping and trafficking prostitution are cited in The Thai Penal Code as crimes with specific penalties set for them. The same with age restrictions, forcing someone to do it, living off the proceeds that a Prostitute earns if you are over the age of 16, etc.
The Plain Language for those qualifiers and addendum that make certain Prostitution-related activities illegal have been quoted many times on this website, the result always being showing where those qualifiers and addendum are the crimes but not the Prostitution part of it.
There is no Section in Title IX of the Code, where laws related to sex are explained, that cites a crime or a penalty for the simple act of Prostitution between consenting adults.
[URL]https://www.thailandlawonline.com/table-of-contents/criminal-law-translation-thailand-penal-code[/URL]
If you have read The Thai Penal Code and discovered in it a sentence or two that convinces you that consenting adults exchanging sex for money is illegal, please quote those sentences in full here so the rest of us can read them and agree with you.
You will be the first one in the history of ISG to find and quote such a thing.
Now, on a related matter, over the years of living in Thailand I have known owners and operators of a Massage / Spa / Blow Job Bar and a Happy Ending Massage Shop quite well. The Farang and Thai owners of them. Right in ground zero for P4 P in Bangkok, minutes walks from BTS Nana and Sukhumvit / Asoke. I have asked them about these "bribes" they supposedly must surely pay the police or the government in order to stay open and run their businesses where, coincidently, despite their businesses offering therapeutic massage to the public, it turns out some of their staff make discreet and private agreements to exchange various forms of sex for money.
Both of them said they have never paid anyone a bribe to stay open and run their little therapeutic massage shops. And they have never been approached by anyone in authority asking for or demanding such a "bribe". But those are only two examples.
I have also known hundreds of street, club and online Freelancers. In no case has one ever mentioned even in passing a "bribe" they have had to pay in order to ply their trade without getting arrested and charged with a crime. Apparently they have no problem doing what they do for a living without committing a crime as long as they don't commit specifically qualified Prostitution-activity clearly spelled out in The Thai Penal Code. And since they were consenting adults merely exchanging sex for money there was no crime for which to arrest and charge them. The same for me, the one paying the money for sex.
But back to the bottom line point here, please be the first in the history of ISG to quote the sentences in The Thai Penal Code linked above that have convinced you that the consenting adult women who gave me sex for money and / or I, the one paying the money for sex, have engaged in something illegal and committed a crime in Thailand and what is the penalty for it.
Thank you.
BTW, I should have mentioned this about his example too
[QUOTE=SubCmdr;3078245]Can anyone dispute the plain language examples given by the following poster?
Would anyone care to dispute the examples given using the plain language of the law? Then explain to me how Prostitution is legal in Thailand.
I will stipulate that the law in Thailand does not address this specific example in a very specific situation, under very specific conditions that you have provided. Give an example (just one) of exactly how these situations occur in Thailand?[/QUOTE]I should have mentioned this about that poster's example in my previous response as well:
[QUOTE]Example foreign man walks up to a lady on beach road or walking street or soi Bukao and asks how much for sex ST. The Thai girl replies with 1000ST. They agree. Even if no one is considered a nuisance, it's considered shameless in Thai culture. The fact this happened and someone may have witnessed it makes it shameless. They both consented. Boom! Section 5 law is broken.[/QUOTE]Spinning and twisting the Plain Language in Section 5 of Title IX of The Thai Penal Code has long been a favorite method of the "Prostitution is not legal in Thailand" or "Prostitution is illegal in Thailand" crowd to make their unsubstantiated claims and that Section is indeed almost the only Section ever cited in a report of Prostitutes getting arrested or rounded up, invariably in crowded public places.
So this would be a good time to point out how often those news reports include the fact that the police responded to a complaint but first had to observe the scene for a while themselves in order to come to the conclusion by their judgement that solicitation for Prostitution was indeed taking place openly and shamelessly or causing a public nuisance. Hell, at some time they might have been standing in the distance watching one of those African ladies dragging behind me with a death grip on my wrist for more than 200 meters on Soi 4 for all I know.
But that sequence of events in those reports makes it clear that Thai police can not and do not make an arrest based on Section 5 of Title IX of the Code simply on the say-so of someone who claims they were personally made to feel uncomfortable or annoyed by it. The police must first observe the activities themselves for a while so they can justify an arrest based on their own lawfully backed observation and judgement and not on the personal opinion of any Thai person in the vicinity who claims the solicitation was being done "shamelessly".
The same way an arrest for "reckless driving" under certain circumstances absent any other specific violation such as driving over the posted speed limit, during a rain storm for instance, can be made based on the police observation and judgement that someone was driving recklessly while the opinion of someone else who might have complained about it is irrelevant.
Oh, and a reminder here that a specific "reckless driving" violation in the observed judgement of a police officer does not magically make driving a car Illegal and a crime any more than violating the clear and specific qualifying details and Plain Language of Section 5 of Title IX in The Thai Penal Code magically makes Prostitution between consenting adults illegal and a crime in Thailand. The police arrest you for "reckless driving", not for "driving".
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The Thai Penal Code and The PSP Act
I might as well post this now that the discussion of this topic has continued. And I should correct myself for referring to a previous poster's citing of Secion 5 as coming from The Thai Penal Code. It turns out the Section 5 that was quoted stating that soliciting for prostitution "openly and shamelessly in a public place, creating a nuisance for the public" etc is illegal and subject to whatever penalty comes from The Prevention and Suppression of Prostitution Act of 1996. The Thai Penal Code makes no mention of such a Prostitution-related activity being illegal.
In fact, The Thai Penal Code barely mentions anything at all about prostitution as it relates to a prostitute and a customer. There is only a punishment spelled out for pimps, recruiters and traffickers as in "Whoever, in order to gratify the sexual desire of another person, procures, seduces or takes away for indecent act the man or woman with his or her consent, shall be punished with imprisonment of one to ten years and fined of two thousand to twenty thousand Baht" in Section 282. And then there is the stuff about it being illegal for someone over the age of 16 to "subsist on the earnings of a prostitute" with an elaboration of when and how exceptions are made for that law as well as for someone who "habitually" subsists on a prostitute's earnings, taking his or her money, getting involved in her job as though he / she is her business partner and so on. See Section 286.
Other than that, The Thai Penal Code has virtually nothing to say about what happens between consenting adults as it relates to sexuality, paid or not.
[B]Thai Penal Code.
Thai Criminal Law.
TITLE IX
Offenses Relating to Sexuality[/B]
[URL]https://www.thailandlawonline.com/table-of-contents/criminal-law-translation-thailand-penal-code[/URL]
[QUOTE].........
Section 277 Whoever, has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is committed against a girl not yet over thirteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.
..........
Section 282 Whoever, in order to gratify the sexual desire of another person, procures, seduces or takes away for indecent act the man or woman with his or her consent, shall be punished with imprisonment of one to ten years and fined of two thousand to twenty thousand Baht.
If the commission of the offence according to the first paragraph is occurred to the person over fifteen years but not yet over eighteen years of age, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht.
..........
Section 286 Any person, being over sixteen years of age, subsists on the earning of a prostitute, even 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.
Any person has no other apparent or sufficient means of subsistence, and:
Is found residing or habitually associating with one or more prostitutes;
Takes board and lodging, or receives money or any other benefit arranged for by a prostitute; or
Take part in order to help any prostitute in her quarrel with her customer,
The provisions of this Section shall not be applied to any person who receives maintenance from a prostitute who is bound to give maintenance according to law or morality.[/QUOTE]It's easy to quote from and examine every sentence of The Thai Penal Code to discover that there is not one sentence in it stating that it is illegal, a crime or subject to any punishment at all for consenting adults who have attained age 18 to engage in prostitution.
However, the Prevention and Suppression of Prostitution Act is trickier. It's not trickier to read and clearly see that it also does not state that it is illegal, a crime or subject to any punishment at all for consenting adults who have attained age 18 to engage in prostitution. That is consistent for both documents. What is trickier is unless I have just not found an alternative it is either only available as a pdf file download, from which I have not been able to select, copy and paste individual sections or sentences for examination or, as in the format I included here; not a pdf file but in online accessible print form from which I still can't select, copy and paste individual sections and sentences.
If anyone here knows of a source or way that can be done, let us know.
Anyway, here is a link to that online-accessible English translation of it. And, for the hell of it, I did capture three screenshots of the pertinent Sections from the pdf file version and have added them as photo attachments below. Not a great solution. But better than nothing I suppose. So get a magnifying glass, zoom in and enjoy.
[B]Prevention and Suppression of Prostitution Act. [/B]
Sections 1 thru 13 are the ones that address questions of punishable crimes in Thailand related to Prostitution:
[URL]https://www.dwf.go.th/uploads/Downloads/2b8e484a-1e24-4a1f-bd1e-cda334334b77Prevention%20and%20Suppression%20of%20Prostitution%20Act%20BE%202539.pdf[/URL]
As is the case with the Thai Penal Code, the "procures" part obviously refers to pimps, recruiters and traffickers and not ordinary customers, as becomes clear if you read everything related to "procuring, seducing or taking away" someone for the purpose of prostitution even if the pimp or procurer becomes one of that trafficked prostitutes customers.
Otherwise, as is also the case in the Thai Penal Code, there is no mention of criminal activity or punishment for having sex for any reason, including in exchange for money, with any consenting adult over the age of 18.
If you see a sentence or two in either one of them that states otherwise, please cite it so we can all read it become enlightened.
Use Preview to copy / paste pdf
[QUOTE=EihTooms;3078493]However, the Prevention and Suppression of Prostitution Act is trickier. It's not trickier to read and clearly see that it also does not state that it is illegal, a crime or subject to any punishment at all for consenting adults who have attained age 18 to engage in prostitution. That is consistent for both documents. What is trickier is unless I have just not found an alternative it is either only available as a pdf file download, from which I have not been able to select, copy and paste individual sections or sentences for examination or, as in the format I included here; not a pdf file but in online accessible print form from which I still can't select, copy and paste individual sections and sentences.
If anyone here knows of a source or way that can be done, let us know.
Anyway, here is a link to that online-accessible English translation of it. And, for the hell of it, I did capture three screenshots of the pertinent Sections from the pdf file version and have added them as photo attachments below. Not a great solution. But better than nothing I suppose.[/QUOTE]Using Safari on iOS / iPadOS / MacOS you can open the pdf and then export to the Preview app for full find / copy / paste capability.
Price of 1 Baht of Gold in Thailand Today
[U]I posted the following in November of 2023[/U]
[QUOTE=SubCmdr;2867032]I was on the street today and saw: Sell 32700 Buy 32600 a Bhat. That is a 100 THB spread between buying and selling. That is an immediate loss. But I cannot buy a shirt for 100 THB. Well that is a lie, I actually I could, just not one I would want to wear.[/QUOTE]The price of 1 Baht of Gold today: [B]69206[/B]. I am still holding!
Oil like Material Washes up on Koh Larn beaches!
Does not sound like it was a very pleasant experience for some swimmers.
[URL]https://thepattayanews.com/2026/08/09/oil-like-material-washes-ashore-on-koh-larn-beaches-coating-some-swimmers/[/URL]
25 women were arrested on Soi 4 for prostitution
Feb 2025 25 women were arrested on Soi 4 for prostitution, including 6 Thai nationals. Additionally, there were 7 Vietnamese, 11 women from Tanzania, and one from Kenya.
[URL]https://www.thaiexaminer.com/thai-news-foreigners/2025/02/12/nana-street-hookers-arrested-in-police-crackdown-on-prostitution-and-drugs-in-favourite-tourist-haunt/[/URL]
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May 7 2026 6 Vietnamese and Uzbek women arrested in Bangkok prostitution crackdown
Police arrested six foreign women for prostitution in the Sukhumvit area of Bangkok on May 7.
Pic shows sidewalk in front of hotel La Maison on Soi 4.
[URL]https://thethaiger.com/news/bangkok/6-foreign-women-detained-for-prostitution-in-bangkok[/URL]
Interesting report. But Ho hum.
[QUOTE=CaptainSolo;3079445]Feb 2025 25 women were arrested on Soi 4 for prostitution, including 6 Thai nationals. Additionally, there were 7 Vietnamese, 11 women from Tanzania, and one from Kenya.
[URL]https://www.thaiexaminer.com/thai-news-foreigners/2025/02/12/nana-street-hookers-arrested-in-police-crackdown-on-prostitution-and-drugs-in-favourite-tourist-haunt/[/URL][/QUOTE]From the report, that you didn't quote:
[QUOTE]Those arrested in the crackdown were linked with [b]prostitution activities.[/b] Some of those taken into custody were transgender women.
Later, police revealed that some of the women were charged with[b] public order offenses, such as causing a nuisance in a public place[/b]. However, four of the women were charged with[b] illegally being in the kingdom.[/b]
Finally, one was charged with [b]possession of goods which have not been taxed.[/b][/QUOTE]Prostitution "activities" that are clearly stated as crimes in the Thai Penal Code and Prevention and Suppression of Prostitution Act while actual prostitution between consenting adults is nowhere to be found?
Causing a nuisance in a public place?
Illegally being in the Kingdom?
Possession of goods that have not been taxed? Would that be their 2-3 physical money-makers, the commercial use of which the government is considering to "make legal" and "legalize" so they can be taxed?
I wonder why no Prostitution customers were arrested and none of the prostitutes were arrested for, you know, exchanging sex for money or even discussing and agreeing to exchange sex for money.
Do you have any idea why they weren't arrested for those things?
I do. LOL.
Where is the For Prostitution part?
[QUOTE=CaptainSolo;3079456]Police arrested six foreign women for prostitution in the Sukhumvit area of Bangkok on May 7.
Pic shows sidewalk in front of hotel La Maison on Soi 4.
[URL]https://thethaiger.com/news/bangkok/6-foreign-women-detained-for-prostitution-in-bangkok[/URL][/QUOTE]From the report, that you didn't quote:
[QUOTE]The arrests took place in Soi Sukhumvit 4 after officers launched an investigation into suspected [b]prostitution activities[/b] in the neighbourhood. According to reports, several residents complained that groups of foreign women were [b]soliciting clients in public areas and negatively affecting the areas image among tourists.[/b]
During the operation, police[b] observed [/b]a group of foreign women standing along the roadside and allegedly approaching passersby, particularly foreign men, to promote sex services. Officers arrested six women at the scene, including five Vietnamese nationals and one Uzbek national.[/QUOTE]Yep. More arrests for the same old same old Section 5 violations in the Prevention and Suppression of Prostitution Act and similar citations in the Thai Penal Code that have been examined and discussed at length for years while nobody can find the words, phrase or sentence buried deep in any paragraph of either that makes, you know, exchanging sex for money or money for sex between consenting adults a crime or punishable by any penalty whatsoever.
Again, do you have any idea why no prostitution customers were arrested in those cases and none of the prostitutes were arrested for exchanging sex for money or even for agreeing to exchange sex for money?
I do. LOL.
Does anyone up in here understand the concept of selective enforcement?
[QUOTE]Again, do you have any idea why no prostitution customers were arrested in those cases and none of the prostitutes were arrested for exchanging sex for money or even for agreeing to exchange sex for money?[/QUOTE]Yes I do. I've already covered before it is called Selective Enforcement of the law.
[QUOTE=SubCmdr;3077565]For those that do not understand, street enforcement of the law is not done from Ivory Towers by lay people reading the law and given their interpretation of it. Those who make the best arguments are the ones that call the Police when things go [I]bump in the night[/I]. They have never strapped on iron and confronted a armed suspect in protection of their fellow citizen.
What you are witnessing is called selective enforcement. When crime is being committed there are limited enforcement resources. Those resources are directed by the managers of the Police guided by the Prosecutors of the crimes.
[B]All Law Enforcement is selective Law Enforcement[/B][/QUOTE]I shall now expand on my original thought.
[U]Follow the money[/U]
Significant revenue is generated from sex tourism. This creates a vested interest in tolerating the industry rather than eradication. Crackdowns are rare because permanent closure would harm local economies and tax revenues. Have you ever met a girl working in the Entertainment industry who was not from ISAN?
[U]Incentives[/U]
Incentives may be in place to cause the controlling legal authorities to focus enforcement efforts on other areas of the law other than strict enforcement of prostitution violations.
[U]Politics[/U]
There may be no incentives (or many incentives) for the directors of law enforcement resources to enforce (or not enforce) the law in a certain manner.
[URL]https://bangkokafterdark.com/is-prostitution-legal-in-thailand-laws-explained/[/URL]
It's all in the article. I am surprised how much information that has been written in plain language about this issue that goes ignored by the strongest advocates that prostitution is legal in Thailand.
If prostitution is legal in Thailand why hasn't anyone been able to produce a legal opinion from a member of the bar in Thailand that says so?
