Prosecutors have criticized Diddy and his legal team’s attempts to secure his release, arguing that the so-called “freak-offs” were not consensual.
Although Diddy was cleared of the more serious federal charges of sex trafficking and racketeering, a jury did convict him of transportation to engage in prostitution, a violation of the Mann Act. His attorneys believe the conviction should either result in a lighter sentence or no punishment at all. As the appeal process nears its end, their latest filing aims to challenge the ruling.
According to Complex, a new brief filed on Friday (March 13) pushed back against prosecutors’ response to Diddy’s appeal earlier in February. Sean Combs and his legal team are attempting to overturn the conviction, arguing that his actions do not meet the legal definition of “prostitution.” Meanwhile, prosecutors are standing by the 50-month sentence handed down by Judge Arun Subramanian.
The report states that Combs’ lawyers claim the First Amendment protects his “freak-off” gatherings, describing them as performances closer to amateur adult films rather than acts of prostitution.
“[Combs’] convictions do not raise any concern under the First Amendment,” prosecutors argued last month. “[U]nlike any adult film producer, Combs did not provide advance notice that he would film, or seek the participants’ consent to be filmed. […] Combs’s intent to watch the sex sessions live cannot bring his interstate transportation of others to have sex for money within the First Amendment’s protection.”
This brief is likely the defense’s final appeal filing before in-person oral arguments begin on April 9. During the hearing at the Second Circuit Court of Appeals, both sides will be given ten minutes to argue for or against the appeal.
According to TMZ, Puff’s appeal also argues that his 50-month sentence is four times higher than the typical punishment handed down in Mann Act cases. His legal team is pushing for “immediate release and a judgment of acquittal, or at least vacate and remand for resentencing.”
As it stands, Diddy’s projected release date is April 25 of 2028. Whether this latest appeal will change that outcome remains to be seen.
Meanwhile, Diddy is still dealing with additional legal issues. A judge recently rejected a motion to dismiss a sexual assault lawsuit filed against him and Biggie Smalls’ son CJ Wallace, meaning the case will now proceed to trial.
