Section 39-16-607 - Permitting or facilitating escape(a) 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.(b) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.(c) Permitting or facilitating escape is a Class E felony unless: (1) The person in custody was charged with or convicted of a felony;(2) The person used or threatened to use a deadly weapon to effect the escape; or(3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.Acts 1989, ch. 591, § 1; 1996, ch. 637, § 1.