Any person who commits the crime of arson as described in § 4864 of this title, shall incur a second degree felony when any of the following circumstances concur:
(a) Harm is caused to the life, health or bodily integrity of any person;
(b) the offender has removed, damaged or disabled the devices for extinguishing the fire;
(c) the act takes place in an occupied building, or
(d) the structure stores inflammable, toxic, radioactive or chemical material.
History —June 18, 2004, No. 149, § 237, eff. May 1, 2005.