A. Assisting escape is either of the following:
(1) Permitting, by any public officer, of the escape of any prisoner in his custody, by virtue of his active assistance or intentional failure to act.
(2) The active assistance given by any person to one in legal custody with intent to aid him in escaping therefrom.
B. Whoever commits the crime of assisting escape shall be fined not more than three thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.