(6)7.1.2 Escape in the First Degree

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A person is guilty of Escape in the First Degree under this subsection if he or she, while lawfully in custody authorized by statute, escapes such custody and:

(a) Causes serious injury or death to another person; or

(b) Is serving time in a state prison or penitentiary and convicted of any of the following offenses:

  1. (6)2.1.1 Capital Murder

Escape in the Third Degree is a Class D Felony.