That isn't how conspiracy to commit works. There has to have been foo (or an attempt at foo), and demonstrable knowledge of that act of foo (or highly probable

That isn't how conspiracy to commit works. There has to have been foo (or an attempt at foo), and demonstrable knowledge of that act of foo (or highly probable knowledge), and actions to further the committing of foo (direct or indirect I believe). Just exploring stuff in the hypothetical is completely legal.