Abstract:
The problem of online grooming on juveniles is that Thailand does not have laws or measures to protect and prevent the offense being committed. Under the current Criminal Code, there are only the offenses of indecent behavior and rape which do not cover online action. In addition, the criminal law does not focus on prevention and intervention to prevent the offense being committed, but focuses only on punishing the offender once the offense has been committed. Moreover, the Child Protection Act B.E. 2546 (2003) itself has light penalties for pedophiles. Therefore, it needs to be changed to give a tougher sentence. Further, while the Computer Crime Act B.E. 2560 (2017) has related provisions namely Section 14 (4) which states that computer data that has obscene characteristics must be readily available to the general public. However, a pedophile uses his own computer data and does not open for public access. As a result, online grooming towards juveniles whether by video call or webcam is not an offense under Section 14 (4) of the Computer Crime Act B.E. 2560 (2017). Therefore, it is necessary to establish new legislation and ratify new laws in the offense of "Online Grooming" including, punitive measures and increased penalties. The author has proposed amendments to the Criminal Code, namely, but not limited to, the definition of the word "Online Grooming" be expanded as appropriate, thereby, help towards solving the problem of online grooming towards juveniles.