Prostitution in Thailand is not itself illegal, but public solicitation for prostitution is prohibited if it is carried out "openly and shamelessly" or "causes nuisance to the public". Prostitutes mostly come from the northeastern Isan region of Thailand, from ethnic minorities or from neighbouring countries, especially Cambodia , Myanmar , and Laos. 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 clearly defined in Section 4 of the relevant Act, and it may be broadly interpreted to include any place where prostitution takes place, especially in regard to cases involving sexual abuse of children that carry heavier penalties up to six years if the child is younger than 15 years of age βotherwise, 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 sexual abuse and trafficking of children. Section 8 penalizes those who sexually abuse children under the age of 15 years with a prison term of two to six years and a fine of up to , baht.
For child victims 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". Obtaining sexual services for oneself without any of the aggravating circumstances underage victim, trafficking, by fraud, deceit, threat, violence, or the exercise of undue influence or coercion remains legal and is not subject to punishment under Thai law.
