(a)  Penalty.- A person who commits manslaughter is guilty of a felony and on conviction is subject to: 

(1) imprisonment not exceeding 10 years; or 

(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both. 

(b)  Spousal adultery not a mitigating factor.- The discovery of one's spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery. 

[An. Code 1957, art. 27, §§ 387, 387A; 2002, ch. 26, § 2.]