As I read this statute, the breaking and entering or an unoccupied structure or conveyance by an unarmed person would constitute a felony of the third degree. S., provides that burglary under certain conditions is a felony of either the second or third degree. S., reduces an attempt at a felony of the second degree '. Otherwise, burglary is a felony of the third degree, punishable as provided in s. '(3) If the offender does not make an assault or is not armed, or does not arm himself, with a dangerous weapon or explosive as aforesaid during the course of committing the offense and the structure entered is a dwelling or there is a human being in the structure or conveyance at the time the offender entered or remained in the structure or conveyance, the burglary is a felony of the second degree, punishable as provided in s. '(d) If the offense attempted, solicited, or conspired to is a felony of the third degree, the person convicted shall be guilty of a misdemanor of the first degree, punishable as provided in s. '(c) If the offense attempted, solicited, or conspired to is a felony of the second degree or any burglary, the person convicted shall be guilty of a felony of the third degree, punishable as provided in s. Therefore, in order to facilitate an understanding of the problem, I think it necessary to set forth the provisions of the statutes involved. Your question brings into focus a rather unusual statutory conflict.

S., as a third degree felony is reduced by the operation of s. S., must be construed to mean any burglary of the second degree. S., should attempted burglary of an unoccupied structure or conveyance be considered a third degree felony or a first degree misdemeanor? CRIMES AND OFFENSES-PENALTIES FOR ATTEMPTED BURGLARY

Fs attempted burglary of a conveyance