Section 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.(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.;