What must be present for a charge of aggravated arson to be applicable?

For a charge of aggravated arson to be applicable, the presence of a human being in the building during the fire is a critical factor. This requirement highlights the serious nature of the crime, as aggravated arson involves not just the act of setting a fire, but doing so in a manner that endangers lives. The presence of individuals in the structure elevates the potential consequences of the act, making it aggravated rather than just standard arson, which could occur in an unoccupied building.

The law seeks to protect life as an essential priority, and charges reflecting the potential risk to human safety necessitate a higher degree of scrutiny and severity. Therefore, establishing that someone is in the building is fundamental to proceeding with aggravated arson charges. Other aspects, such as intentions to destroy or the use of explosives, while potentially relevant to arson cases, do not specifically meet the criteria required for the aggravated charge.