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A person is guilty of arson in the first degree if s/he willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:
a. any dwelling, whether occupied or not, or its contents;
b. any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or
c. any other structure that s/he knew or had reasonable grounds to believe was occupied by a human being.
Under the state law (Florida) arson in the first degree constitutes a felony of the first degree. [Fla. Stat. § 806.01].