Arguments have finally come to a close in Diddy’s appeal for his federal conviction. During the hearing, the disgraced mogul’s legal team urged the appeals court to overturn his 50-month sentence, arguing that his drug-fueled sex parties—also known as “freak-offs”—are actually protected under the First Amendment. According to Diddy’s lawyers, the Mann Act—which is a federal law prohibiting the transportation across state lines for prostitution— doesn’t apply to his case.
His attorneys claim that “freak-offs” and “hotel nights” were actually just “highly choreographed sexual performances” similar to those of amateur porn. Diddy’s expected release date is in April 2028. However, using this new legal loophole, there’s a possibility Diddy could walk out of court a free man sooner than that. The defense team has presented a solid argument, given that pornography is protected under the Constitution.
Prosecutors call Diddy’s defense ‘meritless’
“Freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting, which were filmed so Combs and his girlfriends could watch this amateur pornography later,” the lawyers argued. “Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted.”
Diddy’s defense also argued that his sentence was “excessive” and significantly higher than the typical sentence—which is around 15 months—per the sentencing guidelines. So far, Diddy has served 19 months in federal prison. The lawyers also claimed that the judge’s decision was influenced by his more serious charges, like racketeering and sex trafficking, which he was acquitted of. Prosecutors, however, called the argument “meritless.”
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