Prostitution has been common in Thailand for centuries. During the Ayutthaya Kingdom — , prostitution was legal and taxed, [1] : 2 and the state ran brothels. Under the act, the definition of "prostitution" is "Sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not.
Under the act, persons who solicit sex " Persons associating in a "prostitution establishment" with another person for the purpose of prostitution faces a jail term or a fine or both. The term "prostitution establishment" is not clearly defined, although it may be broadly interpreted to include any place where prostitution takes place, especially in regard to cases involving child prostitution that carry heavier penalties up to six years if the prostitute is younger than 15 years of age —otherwise, the law is not usually enforced against prostitution in private places.
The act also imposes heavier penalties against owners of prostitution businesses and establishments. The Prevention and Suppression of Prostitution Act was written with a particular focus upon child prostitution and trafficking. Section 8 penalizes customers who engage in sexual intercourse with sex workers under the age of 15 years with a prison term of two to six years and a fine of up to , baht.
For sex workers between the ages of 15 and 18 years, the prison term is one to three years, and the fine is up to 60, baht. In regard to trafficking, Section 9 of the act states that, "Any person who procures, seduces or takes away any person for the prostitution of such person, even with her or his consent and irrespective of whether the various acts which constitute an offence are committed within or outside the Kingdom, shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht.
Additionally, any offense under Section 9 that is committed "by means of fraud, deceit, threat, violence, [or] the exercise of undue influence or coercion," results in a penalty that is "one-third heavier". The Act was also written to address child prostitution, but lacks complete clarity, as it does not define what an "indecent act" is. Title IX, Section of the Penal Code states: "Whoever, commits an indecent act on a child not yet over fifteen years of age, whether such child shall consent or not, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both.
