1. A person commits the offense of knowingly releasing an animal if he or she, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
2. As used in this section "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
3. The provisions of this section shall not apply to a public servant acting in the course of such servant's official duties.
4. The offense of intentionally releasing an animal is a class B misdemeanor, unless the defendant has previously been found guilty of a violation under this section, in which case it is a class E felony.