(1) A person is guilty of aggravated arson if by means of fire or explosives he 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.
(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.
(2) Aggravated arson is a felony of the first degree.