(1)(a) the suspect engages in sexual contact with the victim knowing 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 sexual contact is not a defense to a prosecution under this statute

(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