(1)(a) the suspect engages sexual intercourse, oral intercourse or anal intercourse with the victim or penetrates the vagina, anus or penis of the victim with an object other than the suspect's penis or mouth knowing that the victim is:

(A) in the custody of a law enforcement agency following arrest

(B) confined or detained in a correctional facility;

(C) participating in an adult in custody or offender work crew or work release program OR

(D) on probation, parole, post-prison supervision or other form of conditional or supervised release AND

(b) the suspect is employed by or under contract with the state or local agency that:

(A) employs the officer who arrested the other person

(B) operates the correctional facility in which the victim is confined or detained;

(C) is responsible for supervising the victim in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release OR

(D) engages the victim in work or on-the-job training per 421.354 (Authority of Oregon Corrections Enterprises)(1)

(2) consent of the victim to the engaged in behavior is not a defense to a prosecution under this section

(3) lack of supervisory authority over the victim is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release