Any jailer or other public officer or employee who voluntarily permits, aids or abets in the escape or attempted escape of any person in custody by reason of a conviction or charge of any crime, commits the crime of permitting a prisoner to escape which issubject to the following penalties: 1. If the prisoner isin custody by reason of a conviction or charge of a class “A” felony, the defendant commits a class “C” felony. 2. If the prisoner is in custody by reason of a conviction or charge of any public offense other than a class “A” felony, the defendant commits a class “D” felony.
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