(1) A person who is the victim of a crime described 163.263 (subjecting another to involuntary servitude 2), 163.264 (subjecting another to involuntary servitude 1) or 163.266 (trafficking in persons) may assert the defense of duress, as described in ORS 161.270 (Duress), if the person is prosecuted for conduct that constitutes services, 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 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.