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.
(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]
Note: See note under 163.261.
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.269 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: e788fcd34712635282f53104089d2647f2571eb9cbfdacafd95dd8ab1ed969c2 Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.269 (all printed versions and notes)
Stored source content
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.
(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]
Note: See note under 163.261.
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.270 Duress. (1) The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct because the actor was coerced to do so by the use or threatened use of unlawful physical force upon the actor or a third person, which force or threatened force was of such nature or degree to overcome earnest resistance.
(2) Duress is not a defense for one who intentionally or recklessly places oneself in a situation in which it is probable that one will be subjected to duress.
(3) It is not a defense that a spouse acted on the command of the other spouse, unless the spouse acted under such coercion as would establish a defense under subsection (1) of this section. [1971 c.743 §34; 1987 c.158 §22]
163.261 Definitions for ORS 163.261, 163.263 and 163.264. As used in this section and ORS 163.263 and 163.264:
(1) “Controlled substance” has the meaning given that term in ORS 475.005.
(2) “Debt bondage” means the inducement of another person to provide labor or services in payment toward or satisfaction of a real or purported debt if:
(a) The reasonable value of the labor or services is not applied toward the repayment of the debt; or
(b) The length of the labor or services is unlimited and the nature of the labor or services is not defined.
(3) “Services” means activities performed by one person under the supervision or for the benefit of another person. [2007 c.811 §1; 2023 c.217 §1]
Note: 163.261 to 163.269 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.263 Subjecting another person to involuntary servitude in the second degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by:
(a) Abusing or threatening to abuse the law or legal process;
(b) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document or another actual or purported government identification document of a person;
(c) Threatening to report a person to a government agency for the purpose of arrest or deportation;
(d) Subjecting the person to debt bondage;
(e) Instilling in the other person a fear that the actor will withhold from the other person the necessities of life, including but not limited to lodging, food, medical care and clothing;
(f) Controlling or threatening to control the other person’s access to a controlled substance; or
(g) Fraud or misrepresentation.
(2) When determining whether force or attempted force is present in a prosecution under this section, the finder of fact shall consider the totality of the circumstances, including but not limited to the age of the other person, the relationship between the other person and the defendant, the immigration status of the other person and any handicap or disability of the other person.
(3) Subjecting another person to involuntary servitude in the second degree is a Class C felony.
(4) The Oregon Criminal Justice Commission shall classify subjecting another person to involuntary servitude in the second degree as crime category 8 of the sentencing guidelines grid of the commission when the victim was under 18 years of age at t