Del. Code 11, § 801 : Crimes And Criminal Procedure — Specific Offenses — Offenses Involving Property — Arson in the third degree; affirmative defense; class G felony Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 (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. Del. C. § 801 11 Del. C. 1953, § 801; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, § 1.;