Sean "Diddy" Combs asked a federal judge Wednesday to overturn his conviction under the Mann Act, arguing the century-old federal statute no longer applies to the conduct at issue and that prosecutors failed to prove essential elements of the crime.

Combs, 55, was convicted in June on two counts tied to the Mann Act after a jury determined he transported adult men across state lines to have sex with women he was dating. He was acquitted of racketeering and sex-trafficking charges. Sentencing is scheduled for Oct. 3.

In a motion for judgment of acquittal or, alternatively, for a new trial filed Sept. 3, defense attorney Alexandra Shapiro said the remaining convictions "should never have been brought — and wouldn't have been brought absent the failed charges." The filing argues the government did not meet its burden of proof and that the statute was misapplied.

"The meaning of 'prostitution' when the Mann Act was passed in 1910 included any sexual activity outside marriage," the defense said. "Modern statutes and case law have narrowed that definition. Applying the outdated one would violate due process."

Combs' lawyers said the Mann Act was not intended to reach situations in which adults consensually engaged in sexual activity, and they noted that no other similarly situated person has been prosecuted under the statute for arranging interstate travel and paying adult men who had consensual sex with the defendant's adult partners.

The motion also contends the prosecution failed to prove Combs intended sex to be part of the travel arrangements and argues the government's presentation unfairly relied on evidence linked to the charges on which he was acquitted. The defense further asserted the application of the law infringed on First Amendment protections and likened the conduct to producing amateur adult content for private distribution.

Federal prosecutors have defended their case, saying jurors received proper instructions and that evidence supported the Mann Act convictions. A spokesman for the U.S. Attorney's Office declined further comment on the post-trial filings.

The Mann Act, enacted in 1910, was originally aimed at combating the interstate transport of women for prostitution. Over the decades the statute has been amended and interpreted in a variety of contexts, and legal debate has continued about its scope when applied to modern facts.

The court is expected to rule on the defense motion in the coming weeks. If the convictions are upheld, Combs faces a statutory minimum of five years in prison on the remaining counts.

Originally published on Music Times