(a) A person commits the crime of arson in the first degree if he or she intentionally damages a building by starting or maintaining a fire or causing an explosion, while another person is present in the building at the time, and when either of the following occur:
- (1) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility; or
- (2) The fire or explosion is started in conjunction with or to effectuate a theft, and the fire or explosion or accompanying theft results in damages of twenty-five thousand dollars ($25,000) or more.
- (b) Arson in the first degree is a Class A felony and shall be punished by a term of imprisonment of not less than 20 years. The term of imprisonment shall run consecutive with any other term of imprisonment for any other offense arising out of the same facts and circumstances.
(Acts 1977, No. 607, p. 812, §2805; Act 2026-515, §1.)