Mathers, the 2015 Playmate of the Year, later apologized for the incident at an LA Fitness club in July.
Playboy's "Cyber Girl of the Month" Dani Mathers shows off her playful side during a sexy photo shoot for 138 Water.
Playboy model Dani Mathers could now be facing jail time for the infamous photo she posted on social media of an elderly woman changing in an LA Fitness locker room.
Mathers' original image, captioned with the phrase "If I can't unsee this then you can't either", sparked outrage and ire amongst internet denizens. According to New York Daily News, this line of argument rejected outright: "The court finds the statute is constitutional and not void for vagueness", Judge Gustavo Sztraicher ruled.
The defense unsuccessfully tried to get the case thrown out on the theory the law was vague about how "identifiable" a victim needs to be.
Asked if Ms Mathers would be testifying at her trial, her lawyer responded, "Oh yeah, definitely".
She has now been charged with misdemeanour invasion of privacy.
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The person in the photo was identified only by her age and it was not clear if she knew she was being photographed.
The Playboy Miss May 2014's legal team insist the image of the 70-year-old woman is grainy and not identifiable, but LA Deputy City Attorney Chadd Kim scoffed at the defence and claimed it was for a jury to decide.
After a lengthy hiatus from social media, Mathers returned to Instagram and Twitter this month, and vehemently denied ever body shaming anyone.
"Body shaming is humiliating, with often painful, long-term consequences", Los Angeles City Attorney Mike Feuer said when he announced the decision to prosecute the playmate.
"I know body-shaming is wrong and I know that that's not what I'm about, that's not the type of person that I am".
Do you think Mathers will be found guilty in court?