Dani Mathers, a former Playboy model, secretly took a photo of a 70-year-old woman as she changed clothing in the women’s locker room at a Los Angeles gym in 2016. Mathers posted the photo on Twitter with a second photo of herself in mock horror with the caption: “If I can’t unsee this, neither can you.” Mathers later said she did not intend to post the picture publicly, and she knew that “body shaming” is wrong. Mathers subsequently pleaded no contest to a criminal misdemeanor charge of invasion of privacy and completed 30 days of graffiti removal public service. The victim apparently did not seek compensation other than $60 to replace her backpack that could be seen in the first photo. 

Questions 

1. What tort claims might the woman who was the subject of Dani Mathers’ tweet have brought against Mathers? Explain. 

2. Some states have made taking secret images of another a felony. Should invasion of privacy be a serious crime? Under what circumstances? Explain.