Delaware Code

11 Del. C. § 801 (2026)

Arson in the third degree; affirmative defense; class G felony

✓ current as of May 2026

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(a) A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion.

(b) In any prosecution under this section it is an affirmative defense that no person other than the accused had a possessory or proprietary interest in the building.

Arson in the third degree is a class G felony.

11 Del. C. 1953, § 801; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 3 cases, 2009–2016 · leading case: Royce Brown v. John F. Caraway, 719 F.3d 583 (7th Cir. 2013).

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Royce Brown v. John F. Caraway, 719 F.3d 583 (7th Cir. 2013). · cites it 6× “§ 612(a)(3); the other for Arson in the Third Degree in violation of 11 Del. C. § 801 — as “crimes of violence.”

Kirk v. Phelps, 596 F. Supp. 2d 835 (D. Del. 2009). “§ 636(a)(2)), one count of the lesser included offense of Third Degree Arson (11 Del. Code Ann. § 801), two counts of First Degree Assault (11 Del.”

Davis v. State (Del. 2016). “8 See 11 Del. C. § 801(a) (“A person is guilty of arson in the third degree when the person recklessly damages a building by intentionally starting a fire or causing an explosion.”

— 11 Del. C. § 801(a) — 2 cases

Royce Brown v. John F. Caraway, 719 F.3d 583 (7th Cir. 2013). “§ 612(a)(3); the other for Arson in the Third Degree in violation of 11 Del. C. § 801 — as “crimes of violence.”

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