Title 163 · ORS Chapter 163

and 163.264:

Citation: ORS 163.263

Section: 163.263

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 the time of the offense. [2007 c.811 �3; 2023 c.217 �2]

�� Note: See note under 163.261.

�� 163.264 Subjecting another person to involuntary servitude in the first degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the first 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) Causing or threatening to cause the death of or serious physical injury to a person; or

�� (b) Physically restraining or threatening to physically restrain a person.

�� (3) Subjecting another person to involuntary servitude in the first degree is a Class B felony.

�� (4) The Oregon Criminal Justice Commission shall classify subjecting another person to involuntary servitude in the first degree as crime category 9 of the sentencing guidelines grid of the commission when the victim was under 18 years of age at the time of the offense. [2007 c.811 �2; 2023 c.217 �3]

�� Note: See note under 163.261.

�� 163.266 Trafficking in persons. (1) A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and:

�� (a) The person knows or recklessly disregards the fact that the other person will be subjected to involuntary servitude as described in ORS 163.263 or 163.264;

�� (b) The person knows or recklessly disregards the fact that force, fraud or coercion will be used to cause the other person to engage in a commercial sex act; or

�� (c) The person knows or recklessly disregards the fact that the other person is under 18 years of age and will be used in a commercial sex act.

�� (2) A person commits the crime of trafficking in persons if the person knowingly benefits financially or receives something of value from participation in a venture that involves an act prohibited by subsection (1) of this section or ORS 163.263 or