Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement.
Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not convicted of a capital felony, is guilty of a third degree felony.
Whoever commits unlawful rescue of an individual convicted of a capital felony is guilty of a first degree felony.