Judge Randy Stoker of the Fifth District of Idaho decreed the verdict for Cody Herrera, whose initial sentence was suspended in favor of a six-months long rehabilitation program, according to the Times. If Herrera is successful in the program, Stoker could release him on probation under the condition he adheres to a state law that forbids premarital sex. But if he’s not, Herrera could be stuck with Stoker’s original sentence — five to 15 years in prison.
While the law forbidding sex is rarely enforced, it is technically active, the Times reports. Anyone who breaks it can be hit with a fine of up to $300 and six months in prison. Stoker told his local newspaper Magic Valley that Herrera’s sexual partners (34) partly inspired the potential probation condition.
“I never seen that level of sexual activity by a 19-year-old,” he said.