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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