(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits aggravated arson if by means of fire or explosives the actor intentionally and unlawfully damages:
(a) a habitable structure; or
(b) any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.
(3) A violation of Subsection (2) is a first degree felony.