(a) An official or employee of any penal institution that is responsible for maintaining persons in custody commits an offense who intentionally, knowingly or recklessly permits or facilitates the escape of a person in custody.
(b) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.
(c) Permitting or facilitating escape is a Class E felony unless:
(1) The person in custody was charged with or convicted of a felony;
(2) The person used or threatened to use a deadly weapon to effect the escape; or
(3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.
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