Nancy Gertner, a lecturer at Harvard Law School and a former federal judge, said fornication laws often stay on the books only because they are enforced so infrequently that they have not been challenged.They would likely crumble under legal scrutiny, she said.In sentencing a 19-year-old who pleaded guilty to statutory rape last week, a judge in Idaho made clear his punishment would include an extra wrinkle: government-mandated celibacy.The unusual proclamation by Judge Randy Stoker of the Fifth District of Idaho that abstinence would be a condition of probation appears to be based at least partly on an archaic, rarely enforced state law that forbids premarital sex.The work offered is usually very basic, pays well and almost always requires the person to send, move or transact money for the “employer”.Congratulations, you’re the winners of ,000,000.00 in the Grand Sweepstakes!But unless the law were successfully challenged, a consensual sexual encounter could prompt a prison stay for Cody Herrera, who was 18 when he sexually assaulted a 14-year-old girl. Herrera was sentenced last week to five to 15 years in prison, but the sentence was suspended in favor of a rehabilitation program of sorts that serves as a middle ground between probation and prison time. Herrera’s success in the program, a judge could opt to release him on probation or send him to prison to serve the original sentence. Anyone free on probation is, of course, not allowed to break the law.
But in March 2015, after he had turned 18, he sneaked into her bedroom through a window, the girl told the authorities.Idaho is one of several states that maintain fornication laws.