Delaware Code Title 11 Sec. 802 – Arson in the second degree; affirmative defense; class D felony
(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.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 8 years |
Terms Used In Delaware Code Title 11 Sec. 802
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(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.
11 Del. C. 1953, § ?802; 58 Del. Laws, c. 497, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;