§ 1. A person who, with intent to commit burglary, breaks and enters in the night time a building and commits or attempts burglary by the use of nitro-glycerine dynamite, gunpowder or any other high explosive, is guilty of burglary with explosives in the second degree. § 2. A person who, with intent to commit burglary, breaks and enters in the night time a building in which there is a human being, and commits or attempts burglary by the use of nitro-glycerine, dynamite, gunpowder or any other high explosive, is guilty of burglary with explosives in the first degree. § 3. Burglary with explosives in the first degree is punishable by imprisonment in the state penitentiary for not less than twenty-five years and burglary with explosives in the second degree is punishable by imprisonment in the state penitentiary for not less than fifteen years and not more than twenty-five years.