(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. (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. Note: See note under 163.261.
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