A person is guilty of arson in the first degree when the person intentionally damages a building by starting a fire or causing an explosion and when:

1. (1) The person knows that another person not an accomplice is present in the building at the time; or
2. (2) The person knows of circumstances which render the presence of another person not an accomplice therein a reasonable possibility.

Arson in the first degree is a class C felony.

11 Del. C. 1953, § 803; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1