163.264. ����� (3) As used in this section, �commercial sex act� means sexual conduct or sexual contact, as those terms are defined in ORS 167.002, performed in return for a fee or anything of value.

163.264.

����� (3) As used in this section, �commercial sex act� means sexual conduct or sexual contact, as those terms are defined in ORS 167.002, performed in return for a fee or anything of value.

����� (4) Violation of subsection (1)(a) or (2) of this section is a Class B felony.

����� (5) Violation of subsection (1)(b) or (c) of this section is a Class A felony. [2007 c.811 �4; 2013 c.720 �1; 2017 c.395 �1; 2023 c.217 �4]

����� Note: See note under 163.261.

����� 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.

����� 163.270 [Amended by 1955 c.371 �1; 1957 c.640 �1; repealed by 1971 c.743 �432]

COERCION

����� 163.275 Coercion. (1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

����� (a) Unlawfully cause physical injury to some person;

����� (b) Unlawfully cause physical injury to some animal;

����� (c) Unlawfully cause damage to property;

����� (d) Engage in conduct constituting a crime;

����� (e) Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;

����� (f) Cause or continue a strike, boycott or other collective action injurious to some person�s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;

����� (g) Testify falsely or provide false information or withhold testimony or information with respect to another�s legal claim or defense; or

����� (h) Unlawfully use or abuse the person�s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

����� (2) Coercion is a Class C felony. [1971 c.743 �102; 1983 c.546 �4; 1985 c.338 �1; 2007 c.71 �45; 2015 c.751 �1]

����� 163.280 [Amended by 1957 c.640 �2; repealed by 1971 c.743 �432]

����� 163.285 Defense to coercion. In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. [1971 c.743 �103]

����� 163.290 [Repealed by 1971 c.743 �432]

����� 163.300 [Repealed by 1971 c.743 �432]

SEXUAL OFFENSES

����� 163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

����� (1) �Forcible compulsion� means to compel by:

����� (a) Physical force; or

����� (b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

����� (2) �Mentally incapacitated� means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.

����� (3) �Oral or anal sexual intercourse� means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.

����� (4) �Physically helpless� means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

����� (5) �Sexual contact� means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

����� (6) �Sexual intercourse� has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 �104; 1975 c.461 �1; 1977 c.844 �1; 1979 c.744 �7; 1983 c.500 �1; 1999 c.949 �1; 2009 c.770 �1; 2017 c.318 �2; 2017 c.634 �17; 2021 c.82 �1; 2023 c.407 �1]

����� Note: Legislative Counsel has substituted �chapter 743, Oregon Laws 1971,� for the words �this Act� in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

����� 163.310 [Renumbered 166.180]

����� 163.315 Incapacity to consent; effect of lack of resistance. (1) A person is considered incapable of consenting to a sexual act if the person is:

����� (a) Under 18 years of age;

����� (b) Incapable of appraising the nature of the person�s conduct;

����� (c) Mentally incapacitated; or

����� (d) Physically helpless.

����� (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence.

����� (3) A person is incapable of appraising the nature of the person�s conduct if:

����� (a) The person is unable to understand the nature of the conduct;

����� (b) The person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or

����� (c) The person is unable to communicate a decision to engage in conduct. [1971 c.743 �105; 1999 c.949 �2; 2001 c.104 �52; 2021 c.82 �2]

����� 163.320 [Renumbered 166.190]

����� 163.325 Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child�s being under the age of 16, it is no defense that the defendant did not know the child�s age or that the defendant reasonably believed the child to be older than the age of 16.

����� (2) When criminality depends on the child�s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.

����� (3) In any prosecution under ORS 163.355 to 163.445 in which the victim�s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally incapacitated, physically helpless or incapable of appraising the nature of the victim�s conduct, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim�s incapacity to consent.

����� (4) In any prosecution under ORS 163.415 or 163.425 in which the victim�s lack of consent is not based on the incapacity of the victim to consent because of the victim�s age, it is an affirmative defense for the defendant to prove that, at the time of the alleged offense, the defendant reasonably believed that the victim consented to the sexual contact, sexual intercourse or oral or anal intercourse. [1971 c.743 �106; 2021 c.82 �3; 2021 c.410 �1]

����� 163.330 [Repealed by 1971 c.743 �432]

����� 163.335 [1971 c.743 �107; repealed by 1977 c.844 �2]

����� 163.340 [Repealed by 1971 c.743 �432]

����� 163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415,