Delaware Code § 11-802

Arson in the second degree; affirmative defense; class D felony
Open in Lexace · Ask the AI about this section
(a) A person is guilty of arson in the second degree when the person intentionally damages a building by starting a fire or causing
an explosion.
(b) In any prosecution under this section it is an affirmative defense that:
(1) No person other than the accused had a possessory or proprietary interest in the building, or if other persons had such interests,
all of them consented to the accused's conduct; and
(2) The accused's sole intent was to destroy or damage the building for a lawful purpose; and
(3) The accused had no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage
another building.
Arson in the second degree is a class D felony.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.