Death Penalty States 2026 — Full Reference Map
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Table of Contents
Death penalty states by region
South: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina (de facto moratorium), Oklahoma, South Carolina, Tennessee, Texas. Midwest: Indiana, Kansas, Missouri, Nebraska, Ohio (de facto moratorium), South Dakota. West: Arizona, California (moratorium), Idaho, Montana, Nevada, Oregon (moratorium/commutations), Utah, Wyoming. Northeast: Pennsylvania (moratorium). The South dominates death penalty practice — over 80% of all U.S. executions since 1976 have occurred in former Confederate states. Texas alone accounts for over a third of all post-1976 executions.
Execution methods by state
Lethal injection only: Texas, Indiana, Montana, Nevada, North Carolina, Ohio, Wyoming. Lethal injection + electrocution: Alabama, Arkansas, Florida, Kentucky, South Carolina, Tennessee. Lethal injection + firing squad: Idaho, Mississippi, Oklahoma, South Carolina, Utah. Lethal injection + gas chamber: Alabama (added 2018), Arizona, California (moratorium), Missouri, Oklahoma, Wyoming. Lethal injection + hanging: Delaware (judicially struck down), New Hampshire (repealed), Washington (judicially abolished). Lethal injection + nitrogen hypoxia: Alabama, Mississippi, Oklahoma. Alabama carried out the first nitrogen hypoxia execution in U.S. history in January 2024 (Kenneth Smith).
Modern abolitions — chronological
States that have abolished the death penalty in the modern era (post-1972): New Mexico (2009), Illinois (2011), Connecticut (2012, retroactive 2015), Maryland (2013), Delaware (judicially 2016), Washington (judicially 2018), New Hampshire (2019), Colorado (2020), Virginia (2021). Earlier abolitions (post-1846): Michigan (1846), Wisconsin (1853), Maine (1887), Minnesota (1911), Iowa (1965), Vermont (1965), West Virginia (1965), Oregon (1964–1978; reinstated; commuted 2022), Massachusetts (judicially abolished 1984), Rhode Island (1984), Alaska (1957), Hawaii (1957). The trend over the last 20 years is toward abolition — nine states have ended capital punishment since 2007.
Death row populations by state
Largest death row populations (2026 estimates from Death Penalty Information Center): California (~600 — largest in U.S., but moratorium); Florida (~300); Texas (~180); Alabama (~165); North Carolina (~135); Ohio (~125); Pennsylvania (~100 — moratorium); Arizona (~110); Louisiana (~55); Georgia (~40). Texas's death row is smaller than California's despite Texas executing far more inmates — this reflects California's decades-long execution drought combined with continued capital sentencing. Texas death row men are housed at the Allan B. Polunsky Unit in Livingston; women at Mountain View Unit in Gatesville.
How states compare on speed from sentence to execution
Average time from death sentence to execution (national average): approximately 20 years per Bureau of Justice Statistics data. Faster than average: Texas (approximately 11 years), Virginia (approximately 7 years before abolition), Oklahoma (approximately 15 years). Slower than average: California (functionally infinite under moratorium); Pennsylvania (similar); Ohio (40+ years and growing); North Carolina (40+ years). Reasons for variation: appellate process efficiency, state habeas timelines, federal habeas processing speed, drug availability, and gubernatorial moratoriums. Texas's relatively faster process reflects efficient state appellate review under Article 37.071 procedures and consistent drug procurement strategy.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's the most common execution method in the U.S.?
Lethal injection — every death penalty state uses it as the primary method, and most use it exclusively. Single-drug pentobarbital protocols have largely replaced the older three-drug protocols (sodium thiopental, pancuronium bromide, potassium chloride) due to drug supply issues.
Which states authorize nitrogen hypoxia?
Alabama, Mississippi, and Oklahoma. Alabama carried out the first nitrogen hypoxia execution in U.S. history in January 2024 (Kenneth Smith). The method involves replacing breathable atmosphere with nitrogen gas, causing death from oxygen deprivation.
What's the largest death row in the U.S.?
California — approximately 600 inmates at San Quentin, despite a moratorium imposed by Governor Newsom in March 2019. California has not executed anyone since 2006 but continues to receive new death sentences from county-level prosecutions.
Why does Texas execute so many more people than other states?
Texas's death penalty framework under Penal Code § 19.03 and CCP Article 37.071 has efficient appellate processing, consistent prosecutorial pursuit of capital charges in eligible cases, and reliable execution drug procurement through compounding pharmacies. Texas has executed over a third of all post-1976 executions nationally.
Has the U.S. Supreme Court ever held the death penalty unconstitutional?
Temporarily — in Furman v. Georgia, 408 U.S. 238 (1972), the Court invalidated existing death penalty statutes as arbitrarily applied. After states rewrote their statutes, the Court upheld the new frameworks in Gregg v. Georgia, 428 U.S. 153 (1976). The death penalty has remained constitutional since.
