PENNSYLVANIA, June 26 - (ii) he commits the act with the purpose of

destroying or damaging an inhabited building or occupied

structure of another.]

(1) A person commits the offense of arson endangering

persons, which shall be graded as a felony of the first

degree, by:

(i) r ecklessly placing another person in danger of

death or bodily injury, including , but not limited to , a

firefighter, police officer or other person actively

engaged in fighting the fire as a result of intentionally

starting a fire or causing an explosion, or if the person

aids, counsels, pays or agrees to pay another to cause a

fire or explosion, whether on the person's own property

or on that of another; or

(ii) purposely destroying or damaging an inhabited

building or occupied structure of another as a result of

intentionally starting a fire or causing an explosion, or

if the person aids, counsels, pays or agrees to pay

another to cause a fire or explosion, whether on the

person's own property or on that of another.

(2) A person who commits arson endangering persons is

guilty of murder of the second degree if the fire or

explosion causes the death of any person, including but not

limited to a firefighter, police officer or other person

actively engaged in fighting the fire, and is guilty of

murder of the first degree if the fire or explosion causes

the death of any person and was set with the purpose of

causing the death of another person.

(3) Nothing in this subsection shall be construed to

limit the ability of the Commonwealth to seek prosecution for

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