(1) Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury upon the person of another with a deadly weapon, or by any means of force likely to produce serious bodily injury, commits: (a) A class 1 felony, if the person has been convicted of a class 1 felony; or (b) A class 2 felony, if the person has been convicted of a felony other than a class 1 felony; or (c) A class 3 felony, if the person was in custody or confinement and held for or charged with but not convicted of a felony; or (d) A class 3 felony, if the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.
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