This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

Playboy model Dani Mathers’ criminal invasion of privacy case is going to trial.

An attorney for the 2015 Playmate of the Year argued unsuccessfully Tuesday to get the misdemeanor charge dropped, saying the body-shaming victim wasn’t easily identifiable and that the law about that was vague, the Associated Press reported.

In the face of online criticism last July, Mathers admitted to and apologized for taking a naked photo of a 70-year-old woman in an LA Fitness shower and posting it with a disparaging remark. The 30-year-old has said that she intended the image — and its caption: “If I can’t unsee this then you can’t either” — to be sent as a private message to a friend, not publicly posted.

Mathers was banned from all LA Fitness locations after the incident.

Read the full story on LATimes.com.