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NEW YORK - Sean "Diddy" Combs’ lawyers are asking a federal appeals court to overturn the conviction that sent the hip-hop mogul to prison on prostitution-related charges, arguing he was treated unfairly at trial and that the First Amendment should apply.
What we know:
Diddy, who is serving a more than four-year sentence in federal prison in New Jersey, is not expected to attend Thursday’s hearing before a three-judge panel. He is appealing both his conviction and sentence.
His attorneys say the conviction should be thrown out, or at minimum, that he should be resentenced to less time. Prosecutors oppose the request.
In court filings, Diddy’s lawyers argue that videos he recorded of sexual encounters between his girlfriends and male sex workers amounted to "amateur pornography" protected by the First Amendment. They also contend the term "prostitution" should be interpreted narrowly and not applied to what they describe as consensual, expressive activity.
Defense says sentence was ‘too harsh’
What they're saying:
The defense also says the sentence was too harsh, arguing the judge improperly concluded the crimes involved fraud and coercion and that Diddy acted as a leader of criminal activity. He was acquitted of more serious charges, including sex trafficking and racketeering, which could have resulted in a life sentence.
What is the Mann Act?
Diddy was convicted under the federal Mann Act, which prohibits transporting individuals across state lines for sexual crimes.
Prosecutors, however, say the case has nothing to do with free speech. In filings, they argued that accepting Diddy’s reasoning would mean commercial sex operations could claim First Amendment protection simply by making encounters "creative" or "staged."
They also maintain that the sentence was appropriate.
The backstory:
The trial offered a disturbing look into the private life of one of music’s most influential figures, with testimony describing violence, drug use and orchestrated sexual encounters referred to as "freak-offs" or "hotel nights."
Diddy did not testify. His lawyers acknowledged he could be violent but argued prosecutors were trying to criminalize aspects of his personal life.
The 56-year-old has been in custody since his arrest in September 2024. According to the Federal Bureau of Prisons, he is scheduled to be released in April 2028.
The Source: This report is based on information from the Associated Press and previous FOX 5 NY coverage.