If any person shall break any prison, jail or lockup maintained by any county or municipality in North Carolina, being lawfully confined therein, or shall escape from the lawful custody of any superintendent, guard or officer of such prison, jail or lockup, he shall be guilty of a Class 1 misdemeanor, except that the person is guilty of a Class H felony if:
(1) He has been charged with or convicted of a felony and has been committed to the facility pending trial or transfer to the State prison system; or
(2) He is serving a sentence imposed upon conviction of a felony.