IANAL, but I think you actually have the means to carry it out for it to actually be a crime. Just talking about what you “should do” or “want to do” is hypothetical, especially if you can’t realistically do it, and thus not a threat.
But I don’t know all the details of what was said, or whether they had the weapons or the boats.
In a conspiracy you need two elements:
1. at least two people involved in a plan to commit an offence
2. an overt act committed by any one of them in furtherance of the plan
For example if you and I meet and plan to rob a bank, and part of the plan is to wear gorilla masks. THAT is not a conspiracy. If I go our and actually obtain the masks - THAT is a conspiracy.
IANAL, but that is what I learned while working in Army Counter Intelligence. YMMV.
“hypothetical” or hypothetically is the word I should have used instead of theoretically. I did have to look up your acronym IANAL (I Am Not A Lawyer).
I guess my tagline could get me in trouble too.