An Idaho judge has ordered a 19-year-old man not to have sex with anyone before he marries as part of his sentencing for statutory rape of a 14-year-old girl.
Judge Randy Stoker sentenced Cody Duane Scott Herrera of Twin Falls to five to 15 years in prison, but he suspended the sentence for a “rider” program. The program is a temporary six-month prison term that gives a judge “retained jurisdiction” over the case, Grant Loebs, Idaho County Prosecuting Attorney, told Crimesider.
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After the defendant completes the program, the judge rules whether the defendant should be sentenced to prison or probation.
If the unmarried Herrera successfully completes the program, he could be released on probation, which requires celibacy unless he weds. Herrera received the sentence in 5th District Court.
Stoker said the probation condition is needed because Herrera told presentence investigators he’s had 34 sexual partners.
Herrera in March pleaded guilty to statutory rape of the 14-year-old girl. “It was his intent from the beginning to take what he wanted from my 14-year-old child – her virginity,” the victim’s mother told the court.