Public
nudity, such as tourists on a beach is a petty crime, punishable
by a fine of 500 baht. But what about nudity in entertainment
and nightlife? That, too, is illegal. As with beach nudity,
those going nude in private clubs and bars are considered to be
doing so in public, because it can be seen by members of the
public, however willing.
Furthermore, the same Section 388 prohibits revealing
clothing in the same context. There is no hard and fast
definition of revealing clothing and this is defined by
Thai custom and local tradition and the context of the act.
However these laws are little enforced. From the point of
view of the law-enforcement tax dollar, arresting a bunch of
low-income go-go dancers and fining them each 500 baht is not a
high priority. However there are periodic crackdowns where the
police do in fact make arrests for nude dancing.
So what happens if you're innocently sitting in a nightclub
enjoying a little nude entertainment and the police show up and
start arresting people? Generally, under Section 106 of the
code, you cannot, because violations of Section 388 are petty
crimes and supporters of petty crimes are not punishable.
Things can get more serious if the police take the position
that one or more of the nude dancers is a prostitute, or that
there are prostitutes on the premises, all of the penalties in
connection with prostitution would be applicable. For example,
Section 6 of the Prevention and Supression of Prostitution Act
BE 2539 provides that anyone mingling in a place of prostitution
for the purpose of prostitution of others or themselves shall be
imprisoned for up to a month and a fine.
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