Details & Evidence:

• • In the nearly 11-min video, Choi is seen laughing while pressing a “fire missiles” button before the chopper opens fire on his car.
  • Text messages between Choi and the camera company show him outlining his vision to “make a short video of an attack helicopter shooting missiles (fireworks) at the car.”
  • FAA data confirms the helicopter took off from Pacoima, flew to the lake bed to film, then returned, turning off its transponder during the shoot.
  • Emails indicate Choi traveled to Las Vegas to purchase the fireworks used in the stunt, as they are classified as illegal fireworks in California under California Health and Safety Code § 12677.
  • Drone operators on site told the FAA there was an informal “safety talk” just before filming where Choi gave input.

Key Takeaways:

• • Carefully review an area’s rules and permitting requirements before conducting any stunt filming, especially if using pyrotechnics or aircraft.
  • Respect restricted airspace and FAA regulations regarding transponders and safe flight operations – turning off a transponder is a huge red flag.
  • Don’t discuss illegal activities like buying fireworks over text or email, as it creates a clear evidence trail for investigators.
  • Safety talks and precautions should be formalized, not improvised on the fly, and approved by experienced professionals.
  • Pursuit of views and online clout is not a defense to violating federal laws – safety of people and property must come first.

Relevant Federal Statutes:

• • 18 U.S.C. § 32(a)(2) – Placing incendiary devices on an aircraft​
  • 49 U.S.C. § 46306(b)(8) – Registration violation involving aircraft not providing air transportation
  • 18 U.S.C. § 844(a)(1) – Importation, manufacture, distribution and storage of explosive materials
  • 43 C.F.R. Part 2920 – Leases, permits, and easements on public lands​
  • 14 C.F.R. § 91.215(c) – ATC transponder and altitude reporting equipment and use

Elements Prosecutors Must Prove:

• • Choi knowingly & willingly caused fireworks to be placed on the helicopter
  • The helicopter and stunt operations violated specific FAA safety regulations
  • Choi & crew filmed on federal land without securing the required BLM permits
  • The fireworks were purchased and used without proper ATF licensing
  • Choi aided, abetted or conspired with others to violate federal laws even if he didn’t directly commit each illegal act himself

Hurdles to Potential Defenses:

• • Choi’s texts & emails show significant personal involvement in planning specifics of the dangerous stunt.
  • As the video creator, Choi likely had a duty to ensure proper licenses, permits and precautions were in place.
  • Consumer fireworks can still be considered explosives under federal law based on their composition and effects.
  • Stretching laws too far beyond their plain meaning risks further losing credibility with judge and jury.
  • Expressive speech that creates clear public safety dangers enjoys less 1st Amendment protection.

Key Considerations for Choi’s Defense:

• • Consult with experienced federal criminal defense attorneys to assess which arguments have the best chance of prevailing.
  • Carefully review all correspondence and contracts to determine Choi’s actual vs. delegated responsibilities for legal compliance and safety.
  • Have experts analyze the fireworks to make technical arguments about whether they meet the legal definition of explosives.
  • Focus defense on most serious charges like the incendiary device and only pursue novel constitutional arguments as a last resort.
  • Consider a plea bargain to accept responsibility and mitigate public safety charges in exchange for reduced sentence.

How Prosecutors Will Use Choi’s Content Against Him:

• • Snippets from the dramatic video itself showing the dangerously close proximity of the chopper to the speeding car launching fireworks
  • Behind-the-scenes footage and narration of Choi gleefully coordinating and executing the dangerous stunt with little regard for safety
  • Texts and emails showing Choi giving specific directives to make the scene as dramatic and explosive as possible
  • Any other clips from Choi’s YouTube channel highlighting a pattern of risky behavior and taunting of authorities
  • Social media posts before or after the shoot where Choi appears to revel in the danger or achieving online notoriety

What to Expect as the Case Moves Forward:

• • Ongoing investigation to uncover more evidence of Choi’s intent and indifference to laws and safety
  • Elevated media attention on the case as an example of social media stars crossing the line
  • Prosecutors painting Choi as the poster child for online influencers needing to be held accountable for reckless behavior
  • Potential for additional charges against other participants like the helicopter pilot and fireworks suppliers
  • Drawn-out legal proceedings and intense pressure on Choi to admit guilt to avoid decades behind bars

Questions This Case Raises Going Forward:

• • What responsibility do content creators bear for the safety and legality of their productions, even if they hire professionals to handle logistics?
  • Should platforms be accountable for policing dangerous and illegal content by their most popular creators and removing it swiftly?
  • How can the legal system adapt to effectively prosecute conduct arising from cutting-edge technologies and digital media trends?
  • Where should society draw the line between daring entertainment and unacceptable endangerment in the quest for online fame?
  • What message does the outcome of Choi’s case need to send to other creators about the consequences of reckless behavior disguised as content?

Key Takeaways for Creators and Consumers:

• • Vet all video ideas, locations and logistics through experienced professionals to uncover potential safety and regulatory issues
  • If industry experts raise red flags that a shoot seems unsafe or illegal, take those concerns very seriously and change plans
  • Secure all required permits, licenses and permissions in writing well before filming anything dangerous or unusual
  • Be extremely cautious of how private communications could be interpreted if used as evidence of intent to break the law
  • Prioritize the safety of your cast, crew and the public over the potential shock value, view counts or revenue of any piece of content

Questions

1. What was the title of Alex Choi’s July 2023 video that led to his federal charges?
   1. Fireworks vs. Lamborghini
   2. Helicopter Rocket Launcher Attacks My Car!!
   3. Destroying a Lamborghini With Fireworks
   4. Fireworks Lamborghini Helicopter 4th of July Gone Wrong
2. Where did Alex Choi film the controversial fireworks video?
   1. An abandoned mall parking lot in L.A.
   2. El Mirage Dry Lake Bed in San Bernardino County
   3. The Bonneville Salt Flats in Utah
   4. Glamis Sand Dunes in Imperial County
3. What type of explosives were launched from the helicopter at Choi’s Lamborghini?
   1. Bottle rockets
   2. Roman candles
   3. M-80s
   4. Mortars
4. What serious federal charge does Alex Choi face for the fireworks stunt?
   1. Domestic terrorism
   2. Placing an incendiary device on an aircraft
   3. Destruction of federal property
   4. Conspiracy to commit arson
5. How much prison time could Choi face if convicted of placing explosives on an aircraft?
   1. 6 months
   2. 2 years
   3. 5 years
   4. 10 years

Answers

1. 1. C) Destroying a Lamborghini With Fireworks – According to the criminal complaint, Choi’s video was titled “Destroying a Lamborghini With Fireworks”
   2. B) El Mirage Dry Lake Bed in San Bernardino County – Investigators say Choi filmed his ill-fated video at the El Mirage lake bed managed by the Bureau of Land Management
   3. B) Roman candles – The helicopter appears to be launching Roman candle-style fireworks at Choi’s speeding Lamborghini in the video clips
   4. B) Placing an incendiary device on an aircraft – Federal prosecutors charged Choi with violating 18 U.S.C. § 32(a)(2), causing the placement of an explosive/incendiary device on an aircraft
   5. D) 10 years – The federal charge of placing explosives on an aircraft carries a potential maximum sentence of 10 years in prison if convicted

Disclaimer

This article discussing the federal charges against YouTuber Alex Choi is intended for informational purposes only and does not constitute formal legal advice. Laws, charges, and case details may have changed since publication. Application of the information to specific situations will vary based on individual facts and circumstances.

For expert legal counsel on defending against federal criminal charges, please consult an experienced federal defense attorney licensed in your jurisdiction. Most reputable law firms offer free and confidential consultations to review your case and advise you of your rights and options.