Permitting or Facilitating Escape

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  1. 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.
  2. It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.
  3. 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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