(a) A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303:
(1) When one (1) or more persons are present therein; or
(2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
(b) Aggravated arson is a Class A felony.