Dani Mathers is scheduled to appear in court today for her arraignment in Los Angeles on invasion of privacy charges.[1] The Playboy Playmate is accused of invasion of privacy and body shaming a 70-year-old woman in a locker room.
In July, Mathers made news for posting a “selfie” Snapchat post from inside her gym’s locker room that also revealed a naked older woman. Read more about the case and see the apology Mathers posted here: Dani Mathers playmate body shaming arrest
The Snapchat photo Mathers posted is paired side by side with a “selfie” of the 2015 Playmate of the Year covering her mouth. The photo is captioned, “If I can’t unsee this then you can’t either.”
The location where the incident resulting in charges of invasion of privacy occurred, LA Fitness, put out this statement in response to the incident when it happened, via Twitter, “Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.”
Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.
— LA Fitness (@LAFitness) July 15, 2016
Invasion of Privacy
The legal issues involved in the case revolve around the alleged online cyber exploitation of the 70 year old woman’s naked image.
“Cyber Exploitation – California Penal Code sections 502, 502.01, 647, 647.8, 786 and Civil Code § 1708.85 These provisions address cyber-exploitation, sometimes called “revenge porn.” Penal Code § 647 adds to the definition of disorderly conduct the intentional distribution of an image of another person’s intimate body parts, or engagement in specified sexual acts when a) the persons in the image agreed or understood that the image was to remain private, b) the person distributing the image knows or should have known that distribution of the image will cause serious emotional distress, and c) the person depicted in the image suffers the resulting distress. Penal Code §§ 502, 502.01, 647.8, and 786 define penalties, jurisdiction, search warrants, and forfeiture as related to cyber exploitation. Civil Code § 1708.85 creates a private right of action against any person who intentionally, and without the consent of the subject, distributes such photographs or recorded images.” [2]
SOURCES
1. Debbie L. Sklar. November 28, 2016. mynewsla.com. “Playboy Playmate in court for alleged body shaming of woman.” Retrieved via http://mynewsla.com/crime/2016/11/28/playboy-playmate-in-court-for-alleged-body-shaming-of-woman-70/.
2. State of California Department of Justice, Office of the Attorney General. Retrieved via https://oag.ca.gov/privacy/privacy-laws
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