Any person who willfully by any means whatever, assists any prisoner confined in any prison to escape therefrom, is punishable as follows:
1. If such prisoner was confined upon a charge or conviction of a felony, such person shall be guilty of a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title.
2. If such prisoner was confined otherwise than upon a charge or conviction of a felony, such person shall be guilty of a Class D3 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20P of this title, or by fine, not exceeding Five Hundred Dollars ($500.00), or both.