How is the legal status of 'Thayyib' (previously married) and 'Bikr' (virgin) determined for purposes of penal law?

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The rulings concerning 'Bikr' (virgin) and 'Thayyib' (previously married) apply to both men and women. The Prophet, peace be upon him, established the prescribed penalties: for the 'Bikr' involved in unlawful relations, there is flogging of one hundred lashes and exile for one year. For the 'Thayyib' involved in unlawful relations, the penalty is flogging and stoning (rajm).