Oregon Statutes 163.269 – Defenses for victims of involuntary servitude and trafficking in persons
(1) A person who is the victim of a crime described in ORS § 163.263, 163.264 or 163.266 may assert the defense of duress, as described in ORS § 161.270, if the person is prosecuted for conduct that constitutes services under ORS § 163.261, that the person was caused to provide.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 163.269
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) In a prosecution for a crime other than a person crime based on conduct that constitutes services under ORS § 163.261 that a person was caused to provide, it is an affirmative defense that the person was a human trafficking victim at the time of engaging in the conduct and engaged in the conduct due to being a human trafficking victim.
(3) As used in this section:
(a) ‘Human trafficking’ means conduct constituting an offense under ORS § 163.263, 163.264 or 163.266.
(b) ‘Human trafficking victim’ means a person who is subjected to human trafficking regardless of whether the perpetrator of the human trafficking is identified, apprehended, prosecuted or convicted.
(c) ‘Person crime’ means a person felony or a person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission. [2007 c.811 § 10; 2023 c.217 § 5]
See note under 163.261.
[Amended by 1955 c.371 § 1; 1957 c.640 § 1; repealed by 1971 c.743 § 432]
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