Diddy Asks Judge to Throw Out Convictions, Arguing "Freak-Offs" Were Movie Shoots

Sean “Diddy” Combs on Thursday filed a motion to overturn his federal conviction for prostitution. As part of their argument, the rapper’s lawyers contend that his infamous “freak-offs” were simply pornographic movie shoots protected by free speech, and therefore did not constitute prostitution.

In July, Combs was convicted on two of the five counts in his federal sex crimes — specifically, he was found guilty of transportation to engage in prostitution. However, he was acquitted of the more serious charges related to racketeering and sex trafficking. The prostitution charges each carry a maximum sentence of up to 10 years in prison, and sentencing is set for October.

“Sean Combs sits in jail based on evidence that he paid adult male escorts and entertainers who engaged in consensual sexual activities with his former girlfriends, which he videotaped and later watched with the girlfriends,” his lawyers wrote in their filing (via Billboard). “That is not prostitution, and if it is, his conviction is unconstitutional.”

“He was producing amateur pornography for later private viewing,” his lawyers argued. “This is protected First Amendment conduct that no substantial government interest justifies prohibiting, since the films depicted adults voluntarily engaging in consensual activity.”