States With the Death Penalty — Updated 2026 List
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Table of Contents
Active execution states (15)
States carrying out executions in the past 5 years: Alabama (Code § 13A-5-40 — injection + nitrogen + electric); Arizona (Rev. Stat. § 13-751 — injection + gas); Arkansas (Code § 5-4-617 — injection); Florida (Stat. § 921.141 — injection + electric, 8-4 verdict since 2023); Georgia (Code § 17-10-30 — injection); Idaho (Code § 19-2515 — injection + firing squad); Indiana (Code § 35-50-2-9 — injection); Kentucky (Rev. Stat. § 532.025 — injection + electric); Mississippi (Code § 99-19-101 — injection + nitrogen + gas + firing squad); Missouri (Rev. Stat. § 565.030 — injection + gas); Oklahoma (Stat. § 21-701.10 — injection + nitrogen + electric + firing squad); South Carolina (Code § 16-3-20 — injection + electric + firing squad); Tennessee (Code § 39-13-202 — injection + electric); Texas (Penal Code § 19.03 — injection only, 580+ executions); Utah (Code § 76-5-202 — injection + firing squad). These 15 states account for the vast majority of U.S. executions since 2020.
Formal moratorium states (3)
States with gubernatorial executive orders halting executions or commutations of all death sentences: California (Penal Code § 190.2 — moratorium 2019, ~600 on death row); Oregon (Rev. Stat. § 163.150 — 17 commutations 2022); Pennsylvania (Tit. 18 § 1102 — moratorium 2015, ~100 on death row). The statutes remain in effect but executions cannot occur during moratorium. Future governors can rescind moratoriums.
De facto moratorium / inactive states (9)
States with statutes but no executions for 5–40+ years due to drug availability, litigation, or procedural issues: Kansas (Stat. § 21-6624 — no executions since 1965 reinstatement); Louisiana (Code § 14:30 — last 2010, nitrogen added 2024); Montana (Code § 46-18-301 — last 2006); Nebraska (Rev. Stat. § 28-303 — last 2018); Nevada (Rev. Stat. § 200.030 — last 2006); North Carolina (Gen. Stat. § 14-17 — last 2006); Ohio (Rev. Code § 2929.02 — last 2018); South Dakota (Code § 23A-27A-1 — occasional); Wyoming (Stat. § 6-2-101 — last 1992). These states could theoretically resume executions if structural issues are resolved.
Federal and military
The federal government retains the death penalty under 18 U.S.C. §§ 3591–3599 for terrorism, drug kingpin offenses with murder, federal officials' murder, federal civil rights murders, aircraft hijacking with death, and similar offenses. Federal capital prosecutions can occur in any U.S. judicial district regardless of state law. Federal death row at USP Terre Haute, Indiana — 3 inmates as of 2026 following December 2024 Biden commutations of 37 of 40 sentences. The U.S. military retains capital punishment under the Uniform Code of Military Justice for specific military offenses. The last U.S. military execution was 1961.
Why this list matters — practical implications
The state of death penalty law affects criminal defendants in three ways. First: maximum exposure at sentencing. Same conduct produces life without parole in non-death-penalty states (NY, NJ, MD, MN, etc.) and death exposure in active states (TX, OK, FL, GA, etc.). Second: federal vs. state forum choice. Federal capital prosecution can occur anywhere; state capital prosecution requires state law authorization. Third: appellate timeline. Active execution states process appeals faster than moratorium states; federal habeas review (especially in the Fifth Circuit for Texas cases) differs from other circuits. Defendants and counsel evaluating jurisdiction, plea options, and sentencing exposure need accurate state-by-state information.
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Frequently Asked Questions
What's the source for this state-by-state information?
Death Penalty Information Center (DPIC), Bureau of Justice Statistics, individual state criminal code citations, and state department of corrections records. State statutes and executive orders are public records available through state legislative websites.
How often does the death penalty list change?
Roughly every 1–2 years on average over the last decade. Most changes have been abolitions (Virginia 2021, Colorado 2020, New Hampshire 2019, Washington judicial 2018, Delaware judicial 2016, Connecticut 2015, etc.). Reinstatements have been rare in the modern era — most recently, New York attempted reinstatement in 1995 before the 2004 LaValle ruling effectively undid it.
What's the most recent death penalty law change?
December 2024 Biden administration commutations of 37 of 40 federal death sentences to life without parole. State-level: Florida's 2023 statutory change to allow 8-4 jury verdicts for death sentences. Alabama's first nitrogen hypoxia execution in January 2024. Louisiana's 2024 nitrogen hypoxia authorization.
Does this list include federal capital cases?
Yes — federal and military death penalty statutes are listed separately. Federal capital prosecutions can occur in any U.S. judicial district regardless of state law. The 3 remaining federal death row inmates are at USP Terre Haute, Indiana.
How do I find more details about a specific state's death penalty?
Death Penalty Information Center's state-by-state pages at deathpenaltyinfo.org/state-and-federal-info/state-by-state provide comprehensive information. State criminal codes and statutes are available through state legislative websites. State department of corrections records show death row populations and execution history.
