A person is guilty of misuse of prisoner mail when being a person in custody in a state detention facility, or in the custody of the Department of Health and Social Services or the Department of Correction, that person intentionally:
(1) Communicates by mail with a person not in custody in a manner which the person in custody knows is likely to cause inconvenience, annoyance or alarm; or
(2) Designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual or potential legal matter or to the administration of justice.
Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which case it is a class G felony.