(1) A person commits the offense of third degree escape if he or she escapes from custody.
(2) It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest.
(3) Third degree escape is a Class C felony if, at the time of the escape, the person is in the custody of: The Division of Correction;
(4) The Division of Community Correction; or
(5) A law enforcement agency.
(6) Otherwise third degree escape is a Class A misdemeanor.