What States Have the Death Penalty in 2026? Complete Reference
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Table of Contents
States with active death penalty (capital sentences actively imposed and executions occurring)
23 states currently have active death penalty practices: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina (de facto moratorium since 2006), Ohio (de facto moratorium since 2018), Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming. North Carolina and Ohio retain death penalty statutes but have not executed anyone in over 15 and 7 years respectively due to procedural and drug availability issues. Texas has carried out the most executions of any state — over 580 since 1976.
States with statutes but formal gubernatorial moratoriums
4 states retain death penalty statutes but operate under formal gubernatorial moratoriums halting executions: California (moratorium imposed by Governor Newsom in March 2019; over 600 inmates on death row at San Quentin); Oregon (commuted all death sentences to life without parole in December 2022, though the statute remains); Pennsylvania (moratorium since 2015 under successive governors); Arizona (moratorium 2014–2022; resumed executions May 2022 with Clarence Dixon, but practice remains constrained). California has the largest death row in the U.S. but has not executed anyone since 2006.
States that have abolished the death penalty
23 states + DC have abolished capital punishment: Alaska (1957), Colorado (2020), Connecticut (2012, retroactive 2015), Delaware (judicially struck down 2016, never reinstated), Hawaii (1957 before statehood), Illinois (2011), Iowa (1965), Maine (1887), Maryland (2013), Massachusetts (judicially abolished 1984), Michigan (1846 — first state to abolish), Minnesota (1911), New Hampshire (2019), New Jersey (2007), New Mexico (2009), New York (judicially struck down 2004), North Dakota (1973), Rhode Island (1984), Vermont (1965), Virginia (2021), Washington (judicially abolished 2018), West Virginia (1965), Wisconsin (1853), plus Washington D.C. (1981).
Federal and military death penalty
The federal government retains the death penalty under 18 U.S.C. §§ 3591–3599 for offenses including treason, espionage, drug kingpin offenses with murder, large-scale drug trafficking causing death, terrorism, murder of federal officials, and aircraft hijacking with death. Federal executions resumed in July 2020 after a 17-year pause. The U.S. military death penalty applies to a narrow set of military offenses under the Uniform Code of Military Justice. Federal death row inmates are housed at USP Terre Haute, Indiana, where federal executions are conducted. As of 2026, federal death row has approximately 40 inmates following the December 2024 Biden administration commutations of most federal death sentences to life without parole.
Why Texas leads — and what that means for defendants
Texas has executed more people since 1976 than any other state — over 580, vs. approximately 110 in Oklahoma (second place) and 100+ in Virginia (third, now abolished). Reasons: (1) consistent prosecutorial pursuit of capital charges in eligible cases; (2) relatively efficient post-conviction appeals process; (3) ability to procure execution drugs through compounding pharmacies under supplier-confidentiality statutes; (4) statutory framework requiring unanimous "yes" on future dangerousness and intent issues vs. "no" on mitigation under CCP Article 37.071. Texas defendants facing capital murder charges (Penal Code § 19.03) confront a justice system that has historically secured death sentences in eligible cases at higher rates than other states. Effective capital defense requires specialized counsel with capital case experience.
Have a Texas legal question?
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Frequently Asked Questions
How many states have the death penalty in 2026?
27 states retain death penalty statutes. Of those, approximately 23 have active practices; 4 are under formal gubernatorial moratoriums (CA, OR, PA — and Arizona until 2022). The federal government and U.S. military also have death penalty statutes.
How many states have abolished the death penalty?
23 states + the District of Columbia. The earliest was Michigan (1846); the most recent was Virginia (2021). Several abolitions occurred via legislative action; others via state supreme court rulings invalidating the existing statute.
Which state has executed the most people since 1976?
Texas — over 580 executions, more than the next two states combined. Oklahoma is second (approximately 110); Virginia was third before abolition in 2021. Texas's execution rate reflects both statutory framework and prosecutorial practice.
Does the federal government have the death penalty?
Yes — under 18 U.S.C. §§ 3591–3599 for offenses including treason, espionage, drug kingpin offenses with murder, terrorism, and federal officials' murder. Federal executions resumed in July 2020 after a 17-year pause; most federal death sentences were commuted in December 2024.
What does a state moratorium on the death penalty mean?
A formal halt on executions imposed by the governor through executive action, without abolishing the underlying statute. California, Oregon, and Pennsylvania currently have moratoriums. Capital cases continue to be prosecuted and sentenced, but executions do not occur during the moratorium period.
