Thai authorities recently arrested two individuals in Bangkok for operating an underground sex toy business, seizing over 18,000 items. This enforcement highlights the ongoing criminalization of sex toys in Thailand, despite calls for legalization from political parties and activists.

Recent Enforcement Action

Pol Col Patpawit Wongpinit, a superintendent at the Technology Crime Suppression Division, announced the arrest of 28-year-old Chinese national Huang Faling and his 24-year-old Thai wife Piyanan. The couple was apprehended in their Lat Krabang district home in Bangkok following the execution of a search warrant. The residence was found to be warehousing their inventory of sex toys.

The couple had registered their business as a "massage equipment" retailer. During questioning, they admitted to operating the business for three years, generating 10 million baht, approximately $270,000, in revenue. The penalty for peddling, buying, or possessing sex toys in Thailand is up to three years imprisonment or a fine of up to 60,000 Thai baht, or both.

Sex toys are classified as illegal objects under Article 287 of the Criminal Code in Thailand, and their import is forbidden by the Customs Act BE2560. The Thai government has stated that it refuses to amend the law banning sex toys because it goes "against the view of Thai society."

Calls for Legalization in Thailand

Despite current prohibitions, there have been efforts to legalize sex toys in Thailand. In April of this year, Thailand’s Democrat Party stated its intention to legalize sex toys, citing potential health benefits beyond sexual pleasure. The party noted that sex toys are currently smuggled into the country due to demand, as reported by the Bangkok Post.

Ratchada Thanadirek, an executive member of the Democrat Party, argued that legalizing sex toys could help reduce sex crime rates and decrease the number of illegally smuggled products. She also highlighted that unregulated smuggled products often lack quality control and can cause infections among users. Ratchada suggested that sex toys should be recognized as tools for stress relief and recreation, with potential therapeutic benefits for individuals with sexual dysfunction. She also expressed confidence that legalizing sex toys could reduce the transmission of sexually transmitted diseases.

A small Thai party, Thai Rak Tham, also campaigned in an election on a platform of legalizing sex toys and allowing adult entertainment venues to operate around the clock. This party framed the issue as a cultural one, questioning whether Thailand wants to preserve its traditional values or follow Western societal paths.

Feminist activists have also continued to advocate for the liberalization of sex toy sales. Nisarat Jongwisan, a 30-year-old activist from Bangkok, launched a campaign to legalize dildos and vibrators, challenging arguments from Thai authorities that sex toys "make teenagers obsessed with sex," are "immoral," and "increase sex-related crimes." Jongwisan, a feminist, pro-LGBT, and sexual health campaigner, stated, "We need to raise our voices to start talking more openly about sex and, especially, female satisfaction."

The illegal sex toy market in Thailand is described as booming. The customs department confiscated over 4,000 sex toys in 2020 alone. Natasha, an underground sex toy dealer in Bangkok, noted that the COVID-19 pandemic made sex toys one of the hottest selling items online. Thailand’s black market benefits from these conservative laws, with Bangkok’s red-light economy estimated to be a $6.4 billion industry, contributing approximately 4 to 10 percent of the country’s gross domestic product.

Sex Toy Laws in the United States

In the United States, some conservative lawmakers have expressed interest in criminalizing sex toys or enforcing existing laws. Sen. Ted Cruz (R-Texas), during his time as Texas’s solicitor general, wrote a 76-page legal brief defending a ban on sex toy sales. In a 2007 brief to the U.S. 5th Circuit Court of Appeals, Cruz and his team argued that plaintiffs challenging the law, which included online retailers and Austin stores selling sex toys, were not protected under the 14th Amendment’s right to privacy.

Cruz contended that banning "obscene devices" was in the public interest, and the government should have "police powers" to discourage "prurient interests in sexual gratification, combating the commercial sale of sex, and protecting minors." He also argued that using "obscene devices" was comparable to "hiring a willing prostitute or engaging in consensual bigamy." Cruz further asserted that "there is no substantive-due-process right to stimulate one’s genitals for non-medical purposes unrelated to procreation or outside of an interpersonal relationship."

Cruz’s argument was unsuccessful, and the specific Texas anti-sex toy law was eventually overturned by a narrow 2-1 decision from the judicial panel. Despite this, legal experts note that several state laws criminalizing sex toys remain on the books in states such as Texas, Alabama, and Mississippi, though enforcement is rare. The Alabama anti-sex toy law is still enforced.

Key Facts

  • Thai police arrested Huang Faling and Piyanan in Bangkok for operating an illegal sex toy business.
  • Over 18,000 sex toy items were seized from the couple's home in Lat Krabang district.
  • The couple admitted to three years of operation, generating 10 million baht in revenue.
  • Sex toys are illegal in Thailand, classified as pornographic items under Article 287 of the Criminal Code.
  • Thailand’s Democrat Party has advocated for legalizing sex toys, citing health benefits and potential tax revenue.
  • In the U.S., some states still have laws criminalizing sex toys, with enforcement noted in Alabama.