She posted it on Snapchat, saying: 'If I can't unsee this then you can't either'

But a judge rejected her 'illogical' argument and set a trial date for May 26

Claimed privacy law she was charged with was too vague to be constitutional

ould face six months in jail and $1,000 fine if convicted

Playboy star Dani Mathers' last-minute attempt to avoid trial for flouting privacy laws by body-shaming a naked 70-year-old woman in an LA gym was denied.

The model, 30, claimed the privacy law she was charged with violating was too ambiguous to be constitutional.

However, a Los Angeles judge rejected her 'illogical' argument on Monday and set a trial date for May 26.

Mathers sparked widespread outrage after she shared the naked photo on Snapchat last July with the derisive caption: 'If I can't unsee this then you can't either.'

Playboy star Dani Mathers' last-minute attempt to avoid trial for flouting privacy laws by body-shaming a naked 70-year-old woman in an LA gym was denied

'The court finds the statute is constitutional and not void for vagueness,' Judge Gustavo Sztraicher ruled, New York Daily News reported.

Mathers was charged with misdemeanor invasion of privacy under a California law that prohibits the secret recording or photographing of an 'identifiable person' in a home, changing room or tanning booth without the subject's consent.

Playboy's Miss May 2014 claimed in her defense motion that the wording of the law was too vague to be enforceable - focusing on the definition of 'identifiable person.'

'This was a far-away shot, and the victim, her features cannot be identified,' her lawyer Dana Cole argued on Monday.

He said the woman was only identified after 'a lot of hours and a lot of work' from Los Angeles Police.

Los Angeles Deputy City Attorney Chadd Kim scoffed at Cole's 'illogical, circular' argument, saying it's for a jury to decide whether the woman was 'identifiable.'

Mathers has been working on getting a real estate license and worries the California Bureau of Real Estate will reject her application if she is convicted.

Her lawyer said Mathers 'definitely' plans to testify at trial.

It comes after prosecutors insisted they will not go easy on Mathers.

Sorry: Mather's attorney said the 29-year-old woman 'very much regrets' what happened

Contrite tweet: Mathers acknowledged in July her 'mistakes' in the context of the gym incident

The model has asked Los Angeles City Attorneys not to send her to jail, saying she will undergo counseling and anti-bullying courses instead.

She also said that she would go around to schools and talk about how harmful bullying is.

But prosecutors scoffed at her attempts at mercy, claiming that she never apologized to the victim in person, TMZ reported.



If convicted, she faces up to six months in jail for invasion of privacy, and a $1,000 fine.

Mathers' lawyer Tom Mesereau requested that the defendant be eligible for a deferment program.

But the City Attorney's office argued she isn't eligible due to the nature of the crime, reported the New York Daily News.

The attorney's office wrote: 'She should face the consequences of her cruel and criminal act.'

They have not made it clear whether they will seek a jail term.

She later apologized for body-shaming the elderly gym member and deleted her social media accounts.

LA Fitness reported the posting to police and revoked the membership of the blonde beauty (second right), pictured here in October at a charity event in Los Angeles

Mathers has since resumed tweeting, sharing on Friday photos of her dog and her Thanksgiving treats.

The gym, LA Fitness, reported the posting to police and revoked Mathers' membership.

Detectives began investigating after the LAPD received a report of 'illegal distribution' of the image after the photo went viral.

Mathers' attorney entered a plea of not guilty in November to the misdemeanor count on her behalf, City News Service reported via NBC Los Angeles. She was not required to attend.

Outside the courtroom, defense attorney Tom Mesereau said Mathers 'very much regrets' what happened.

'She apologized for her behavior and we're looking forward to resolving this case in a very fair manner,' he said.

'Her behavior is appalling and puts every member at risk of losing their privacy,' Jill Greuling, an LA Fitness executive vice president, said at the time.

The woman in the naked photo was identified only by her age and it was not clear if she knew she was being photographed in the shower.

The model first apologized for the Snapchat post in July, tweeting: 'I'm sorry for what I did... I need to take some time to myself now to reflect on why I did this horrible thing.'

Mathers later claimed in an online video that she accidentally posted the photo publicly.

'I just want to acknowledge a photo that I accidentally posted,' she said in the clip posted to her Snapchat Story. 'It was absolutely wrong and not what I meant to do.'

'I chose to do what I do for a living because I love the female body and I know body shaming is wrong, that's not what I'm about and this is not the type of person I am.

'The photo was taken as part of a personal conversation with a girlfriend and because I am new to Snapchat I didn't realize I had posted it, and that was a huge mistake.

'I know I have upset a lot of people out there but please believe me this is not the type of person that I am.

'I have never done this before and I will never do this again, you have my word.'