Difference between Diddy charges of transportation for prostitution and sex trafficking as guilty verdict is split

Sean 'Diddy' Combs has been found guilty of two of five charges after jurors returned a unanimous verdict on Wednesday (July 2).

The 55-year-old was accused of two counts of sex trafficking, one of racketeering conspiracy, and two of transportation to engage in prostitution - the latter of which he was found guilty of.

Over 28 days, jurors heard from witnesses including ex-partner Cassie Ventura, male sex workers who were involved in 'freak-offs' as well as hotel workers. Diddy denied all the charges he was facing.

Following the closing arguments from the prosecution and defence teams last week, the jury commenced its deliberations on June 30.

They were asked to conclude whether Combs was too intoxicated to intentionally commit his crimes, or that he harbored genuine intent even under intoxication.

They have now reached their verdict, and Combs has been found guilty of two counts of transportation to engage in prostitution.

Diddy and Cassie dated on and off for 11 years (Nicholas Hunt/Getty Images)

He has however been found not guilty of two counts of sex trafficking by force, fraud or coercion, and one count of racketeering conspiracy.

The criminal case built against Combs included one charge of racketeering conspiracy, plus two charges of both sex trafficking and transportation to engage in prostitution.

In the racketeering conspiracy framework, accusations of kidnapping, drugging, and coercing women into sexual activities (with occasional use of violence and firearms) were all present.

In full, the five counts were as follows :

• Count 1: Racketeering conspiracy
• Count 2: Sex trafficking by force, fraud or coercion – pertains to Victim 1 (Cassie)
• Guilty: Count 3: Transportation to engage in prostitution – pertains to Victim 1 (Cassie) and commercial sex workers
• Count 4: Sex trafficking by force, fraud or coercion – pertains to Victim 2 (“Jane”)
• Guilty: Count 5: Transportation to engage in prostitution – pertains to Victim 2 (“Jane”) and commercial sex workers

But people have been left confused about the difference between transportation to engage in prostitution and sex trafficking.

Why was he found guilty of one crime, but not the other - against the same two women?

What's the difference between sex trafficking and transportation for prostitution?

Diddy was found not guilty on two counts of sex trafficking (Paras Griffin/Getty Images)

Well, law 18 U.S.C. § 1591 defines sex trafficking as - firstly - the defendant 'recruit[ing], entic[ing], harbor[ing], transport[ing], provide[ing], obtain[ing], or maintain[ing] by any means a person...'

And secondly: 'Knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion… will be used to cause the person to engage in a commercial sex act," as per Cornell Law School.

Under transportation for prostitution law 18 U.S.C. § 2421, somebody must 'knowingly transport any individual in interstate or foreign commerce…with intent that such individual engage in prostitution...'

Diddy could now face jail time (Momodu Mansaray/WireImage)

So, the intent that he transported a person to engage in prostitution - or other criminal sexual activity - had to be proven.

Victims can be any adult; there's no requirement to prove force, fraud or coercion. Meanwhile, if a victim is under 18, consent is irrelevant. If victims are adults, though, prosecutors must prove coercion.

So, § 2421 targets the specific act of moving someone to engage in prostitution, regardless of whether they’re forced or underage, whereas § 1591 criminalizes the broader enterprise of exploiting individuals - particularly minors - through coercion, force, or fraud for commercial sex.

What is the jail time for transportation for prostitution?

The maximum sentence for transportation for prostitution is 10 years in prison. Federal prosecutors said they would seek the maximum of 20 years altogether, for the two charges on which he was found guilty.