Level 1:

Have you ever thought of doing something you wouldn't be proud of, and then not actually acted on that thought?

If so, or if you can imagine a journal or always-listening assistant hearing your muttering thought. Should you be charged with a crime for that? Who is the victim and what are the damages?

Level 2, the slippery slope:

Suppose you travel to a country where your sexual orientation is illegal. If your AI company or social media provider knows your orientation, should they be compelled to reveal your crime? Why or why not?

For them to die in the shootout, you have to assume there was actual intent to execute said shooting.