(1) An official or employee of any penal institution that is responsible for maintaining persons in custody commits an offense who intentionally, knowingly or recklessly permits or facilitates the escape of a person in custody.
(2) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.
(3) Permitting or facilitating escape is a Class E felony unless: The person in custody was charged with or convicted of a felony;
(4) The person used or threatened to use a deadly weapon to effect the escape; or
(5) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.