An attorney for a teen accused of having ISIS execution videos on his phone and plotting against Nevada Gov. Joe Lombardo and President Joe Biden wants a judge to dismiss one of his charges, arguing in part that praying for terrorism is protected by the First Amendment.

Joshua Robles, 17, was indicted by a Clark County grand jury on terrorism and incendiary device charges last month. He has pleaded not guilty.

Prosecutors have accused him of collecting pipe bomb components, possessing bomb-making instructions and claiming to be a member of the Islamic militant organization.

A new petition, filed Monday, focuses on one of his eight charges: soliciting another person to aid or further an act of terrorism.

“Prayer for the success of a terrorist attack is protected speech and the request for those prayers to be made is protected as well,” Public Defender Dan Cho wrote.

Prosecutors could not immediately be reached for comment.

The charge at issue is based on a post Robles is accused of making that said, “Peace be upon all brothers who see this. I am here to announce that I will be starting lone wolf operations in Las Vegas against the enemies of Allah. I ask you to make Dua for victory. I am a supporter of the Islamic State and I will make sure the zionists in this city know it.”

Dua “is like an Arabic term for support or prayers,” Metropolitan Police Department Detective Grant Duffin testified during grand jury proceedings, according to a transcript.

“A request for Dua or prayers is a request for constitutionally protected religious exercise,” Cho said. “As such, the State failed to present sufficient evidence to the grand jury to sustain a finding of probable cause.”

Cho cited Matthew 6:6, which describes prayer as a private act. He stressed that Robles requested prayer, but not other communication from the post’s audience about whether Dua was made.

“(A)s prayer is an expressive religious activity, it enjoys protection under the Free Speech Clause as well even if its goals are distasteful or offensive,” Cho said.

Cho also argued prosecutors did not present evidence that Robles’ post violated state law.

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