A person may not willfully and maliciously set fire to or burn: a dwelling; or a structure in or on which an individual who is not a participant is present. A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both. It is not a defense to a prosecution under this section that the person owns the property.