Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement.
Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not convicted of a capital felony, is guilty of a third degree felony.
Whoever commits unlawful rescue of an individual convicted of a capital felony is guilty of a first degree felony.
History: 1953 Comp., § 40A-22-7, enacted by Laws 1963, ch. 303, § 22-7.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Escape, Prison Breaking, and Rescue § 5.
30A C.J.S. Escape and Related Offenses; Rescue § 28 et seq.
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