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 whilst that child is being in a state of irresistibility, or by making the child mistake him for a different person, he shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.

⁠If the commission of the offence under section 276, section 277, section 278, or section 279 causes the victim—

to undergo serious harm, the offender shall be punished with imprisonment from two years to fifteen years and a fine from four thousand baht to thirty thousand baht;

⁠to die, the offender shall be punished with life imprisonment, or imprisonment from twelve years to twenty years and a fine from twenty-four thousand baht to forty thousand baht.

The offence under section 276 or section 278 is compoundable if it did not occur in public,Tharakamnan (ธารกำนัล) is an idiom meaning "a gathering of people, a lot of people", according to the Office of the Royal Society (2013). It is here translated as "in public" in line with the English draft of this code (Office of the Juridical Council, 1950b, p. 29/72), in which the term "public" was used for tharakamnan. However, the Thai judiciary has repeatedly interpreted that tharakamnan refers to a third party, even though the party consists of only one person and the offence does not take place in public. Examples may be drawn from the following judgments of the Thai Supreme Court of Justice (Information Technology Centre, 2015): did not cause the victim to undergo serious harm or to die, did not occur through a joint action characteristic of gang rape against a woman, or was not committed against [any of] the persons specified in section 285.