Cody Duane Scott Herrera, 18 at the time of his offense, was sentenced to 5-15 years in prison by judge Randy Stoker on a charge of felony lewd conduct, but Stoker suspended the sentence in lieu of what is called a ‘rider’ program. Herrera will be released on probation if he completes the year-long program, during which time he must remain celibate.
Stoker felt this stipulation was necessary as Herrera told investigators that he has had at least 34 sexual partners. The judge told Herrera, "If you're ever on probation with this court, a condition of that will be you will not have sexual relations with anyone except who you're married to, if you're married."
In March 2015 Herrera pled guilty to statutory rape, and the victim’s mother told the court, "It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity."
Associate professor Shaakirrah R. Sanders, from the University of Idaho College of Law, said the proviso may be illegal, and, if legal, may not be enforceable. She said, "I think it infringes on his constitutional rights."
Sanders explained that although judges have discretion over the terms of probation, those terms cannot violate the constitution at the state or federal level. "I think if he appealed, he would win," she posited.
On Monday Deputy Prosecutor Julie Sturgill revealed that Herrera could face new charges involving a 13-year-old girl. According to Magic Valley, Sturgill informed Stoker, "In being interviewed, he did admit that he did take pictures and video of an underage girl and had those on his phone…That could be one of two charges — possession of sexually exploitative material or production (of sexually exploitative material)."
