Any person who by force or fraud rescues or attempts to rescue, or aids another person in rescuing or in attempting to rescue, any prisoner from any officer or other person having him in lawful custody, is punishable as follows:
1. If such prisoner was in custody upon a charge or conviction of a felony, such person shall be guilty of a Class B1 felony offense and shall be punished by imprisonment in the State Penitentiary for not less than ten (10) years; or 2. If such prisoner was in custody otherwise than upon a charge or conviction of a felony, by imprisonment in a county jail not exceeding one (1) year, or by fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.