{"data":{"id":"us-de/11-del.-c.-802","jurisdiction":"us-de","citation":"11 Del. C. § 802","heading":"Arson in the second degree; affirmative defense; class D felony.","body":"(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.\n(b) In any prosecution under this section it is an affirmative defense that:\n(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\n(2) The accused’s sole intent was to destroy or damage the building for a lawful purpose; and\n(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.\nArson in the second degree is a class D felony.","path":["Title 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 5. Specific Offenses","Subchapter III. Offenses Involving Property"],"source_url":"https://delcode.delaware.gov/title11/c005/sc03/index.html#802","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"19310915638fffcec8c8d47da7eb62a90dee59713a86edbc50a263c7a0ec7a53","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-801","next":"us-de/11-del.-c.-803"},"notice":"GroundRules: Original legal text. Not legal advice."}