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.

Last July, Mathers took a pic of the a 70-year-old woman changing without her consent and body shamed that woman via Snapchat with the caption, “If I can’t unsee this then you can’t either.”

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Prosecutors charged Mathers in November with one misdemeanor count of invasion of privacy. On Monday, May 15, Judge Gustavo Sztraicher denied her lawyer's motion to dismiss the charge against her and a motion to continue to trial, according to The Wrap.

The Playboy Bunny claimed that the laws in California surrounding privacy are very vague and therefore she should not have to have a  jury trial, but Judge Sztraicher obviously thought otherwise and set a trial date for May 26.

As for the prosecution, they have always argued about the seriousness of this case saying that “Body shaming is humiliating, with often painful, long-term consequences. It mocks and stigmatizes its victims, tearing down self-respect and perpetuating the harmful idea that our unique physical appearances should be compared to air-brushed notions of ‘perfect.’ What really matters is our character and humanity. While body-shaming, in itself, is not a crime, there are circumstances in which invading one’s privacy to accomplish it can be. And we shouldn’t tolerate that.”