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. (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106Escape: means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole. See Tennessee Code 39-16-601Penal institution: includes any institution or facility used to house or detain a person: (A) Convicted of a crime. See Tennessee Code 39-16-601Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106(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.