Charley Gallay/Getty Images for Playboy
September 07, 2016 01:10 PM

It has been a bad year for Playboy model Dani Mathers.

The 29-year-old sparked internet outrage in July when she Snapchatted a photo of an unsuspecting naked woman in a gym locker room. Mathers also included a selfie in the Snapchat in which she covered her mouth as if to stifle shock or a giggle.

Internet scorn is one thing, but PEOPLE confirms that the Los Angeles City Attorney’s office is reviewing the case after the alleged victim came forward. And experts tell PEOPLE that there is a law on the books that could be used against Mathers.

California Penal Code 647(j)(1) states that “any person who … views the interior of a changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside” is guilty of a misdemeanor.

“It’s the ‘Peeping Tom’ statute,” Troy Slaten, a partner and managing attorney of the criminal division at the California firm Floyd, Skeren & Kelly, tells PEOPLE. “California places a high value on privacy. It’s in the state constitution. The paparazzi laws, revenge porn – all of that is related.”

“A statute like this was intended to target revenge porn,” Slaten continues. “It’s about disseminating material when people had a reasonable expectation of privacy, which applies in this case.”

But even if she is prosecuted, what will likely happen to Mathers?

Slaten believes that, although the misdemeanor is punishable by up to six months in jail, she likely wouldn’t serve any time.

“If she’s prosecuted, she’d likely end up with probation,” Slaten tells PEOPLE. “That way, [authorities] can keep their eye on her. Terms and conditions of probation could be some sort of class, psych counseling, community service, community labor, or even restitution.”

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Mathers Has Apologized

For her part, Mathers has apologized on social media.

“That was absolutely wrong and not what I meant to do,” she said in a video apology on Snapchat. “I know that body shaming is wrong. That is not the type of person I am.”

On Twitter, she reiterated her apology.

“I’m sorry for what I did,” she tweeted in July. “I need to take some time to myself now to reflect on why I did this horrible thing. Goodnight.”

But an apology might not be enough to satisfy authorities.

Slaten, a former prosecutor in the L.A. County District Attorney’s office, says that Mathers case could serve as an example to others. “The statute even mentions mobile phones,” he says. “This could be a teaching moment. The city attorney is going to jump on this, because everyone needs to know that this is not acceptable.”

The city attorney’s office tells PEOPLE that the investigation is ongoing.

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