Page:พรบ แก้ไขเพิ่มเติม ปอ (๒๓) ๒๕๕๘.pdf/2

 If the offence under paragraph 1 is committed against a child aged still not over thirteen years, it shall be punished with imprisonment from seven years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht, or life imprisonment.

If the offence under paragraph 1 or paragraph 3 is committed through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy or is committed whilst having a firearm or explosive or by using a weapon, it shall be punished with life imprisonment.

As for the offence prescribed in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is above thirteen years but still not over fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection or may permit the two to marry each other and designate [any] conditions to be fulfilled after the marriage, and once the court has considered and issued whichever kind of order, the court may punish the offender more lightly in any degree than that designated by the law for such offence. In making consideration, the court shall also take into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of the offender and the child victim, the relationships between the offender and the child victim, or other suitable causes for the benefit of the child victim."

The following stipulations shall be inserted in the Penal Code as section 285/1:

""If [any of] the offences under section 277, section 279, section 282, paragraph 3, section 283, paragraph 3, and section 283bis is committed against a child aged still not over thirteen years, ignorance of the child's age shall not be raised for exculpation""

The following stipulations shall be inserted in the Penal Code as section 321/1:

""If [any of] the offences under section 312ter, paragraph 2, and section 317 is committed against a child aged still not over thirteen years, ignorance of the child's age shall not be raised for exculpation.""