Which States Have the Death Penalty in 2026?
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Alphabetical state-by-state reference
Alabama (Code § 13A-5-40, lethal injection + nitrogen + electric, active). Arizona (Rev. Stat. § 13-751, lethal injection + gas, active). Arkansas (Code § 5-4-617, lethal injection, active). California (Penal Code § 190.2, lethal injection + gas, moratorium 2019). Florida (Stat. § 921.141, lethal injection + electric, active). Georgia (Code § 17-10-30, lethal injection, active). Idaho (Code § 19-2515, lethal injection + firing squad, active). Indiana (Code § 35-50-2-9, lethal injection, active). Kansas (Stat. § 21-6624, lethal injection, no executions since 1965). Kentucky (Rev. Stat. § 532.025, lethal injection + electric, active). Louisiana (Code § 14:30, lethal injection + nitrogen, active). Mississippi (Code § 99-19-101, lethal injection + nitrogen + gas + firing squad, active).
Continued — M through W
Missouri (Rev. Stat. § 565.030, lethal injection + gas, active). Montana (Code § 46-18-301, lethal injection, last execution 2006). Nebraska (Rev. Stat. § 28-303, lethal injection, last execution 2018). Nevada (Rev. Stat. § 200.030, lethal injection, last execution 2006). North Carolina (Gen. Stat. § 14-17, lethal injection, last execution 2006). Ohio (Rev. Code § 2929.02, lethal injection, last execution 2018). Oklahoma (Stat. § 21-701.10, lethal injection + nitrogen + electric + firing squad, active). Oregon (Rev. Stat. § 163.150, commuted 2022). Pennsylvania (Tit. 18 § 1102, lethal injection, moratorium 2015). South Carolina (Code § 16-3-20, lethal injection + electric + firing squad, active). South Dakota (Code § 23A-27A-1, lethal injection, active). Tennessee (Code § 39-13-202, lethal injection + electric, active). Texas (Penal Code § 19.03, lethal injection, active — over 580 executions). Utah (Code § 76-5-202, lethal injection + firing squad, active). Wyoming (Stat. § 6-2-101, lethal injection + gas, last execution 1992).
Eligibility-only states vs. execution-capable states
Several retentionist states have statutes but face procedural barriers to actual execution. Pennsylvania (moratorium since 2015 under Wolf and Shapiro administrations); California (moratorium since 2019 under Newsom); Oregon (2022 commutations of all death sentences under Brown); North Carolina (procedural drug-availability issues since 2006); Ohio (drug availability since 2018); Kansas (no executions since 1965 — statute reinstated 1994 but never used). These states continue to sentence defendants to death at the trial level but cannot currently carry out executions. Active execution states number approximately 18–20, depending on classification.
States that have abolished — full list
Twenty-three states + DC have abolished: Alaska (1957), Colorado (2020), Connecticut (2012/2015), Delaware (judicially 2016), Hawaii (1957), Illinois (2011), Iowa (1965), Maine (1887), Maryland (2013), Massachusetts (judicially 1984), Michigan (1846 — first state), Minnesota (1911), New Hampshire (2019), New Jersey (2007), New Mexico (2009), New York (judicially 2004), North Dakota (1973), Rhode Island (1984), Vermont (1965), Virginia (2021), Washington (judicially 2018), West Virginia (1965), Wisconsin (1853). Plus Washington D.C. (1981). The pattern of recent abolitions has been roughly one state per year over the last decade.
Texas — why it sits apart from other retentionist states
Texas's position as the highest-execution state since 1976 reflects multiple structural and cultural factors not present in most other retentionist states. Statutory: Penal Code § 19.03 capital murder statute with specific aggravators + CCP Article 37.071 Special Issues framework. Procedural: Texas Court of Criminal Appeals as the dedicated state appellate court for criminal cases (parallel to Texas Supreme Court for civil), processing capital appeals efficiently. Federal: Fifth Circuit habeas jurisprudence less defendant-favorable than Ninth Circuit. Prosecutorial: major Texas counties (Harris, Dallas, Bexar) have historically pursued capital charging aggressively. Drug supply: compounding pharmacy confidentiality under Government Code § 552.108 has preserved execution drug procurement when other states faced shortage. The combined effect is a death penalty practice that other retentionist states have not matched in execution volume since the post-1976 reinstatement.
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
Does Oregon still have the death penalty?
Technically yes — the statute remains (Rev. Stat. § 163.150) — but Governor Kate Brown commuted all 17 Oregon death sentences to life without parole in December 2022. New death sentences could theoretically be imposed but face moratorium and likely commutation.
Has Pennsylvania ever executed anyone in the modern era?
Yes but rarely — three executions since 1976 (all in the 1990s — Keith Zettlemoyer, Leon Moser, Gary Heidnik). Pennsylvania has had a gubernatorial moratorium since 2015 under both Democratic and Republican administrations.
Which state was the first to abolish the death penalty?
Michigan in 1846 — the first English-speaking jurisdiction in the world to abolish capital punishment. The Michigan Constitution still prohibits the death penalty, making reinstatement constitutionally impossible without constitutional amendment.
How many federal death penalty states are there?
The federal government has a single nationwide death penalty under 18 U.S.C. §§ 3591–3599. Federal capital prosecutions occur in any federal judicial district. Federal executions are carried out at USP Terre Haute, Indiana. Federal death penalty applies regardless of the state where the offense occurred.
What's the difference between abolition by legislature vs. by court?
Legislative abolition (e.g., Virginia 2021, Colorado 2020) repeals the death penalty statute. Judicial abolition (e.g., Washington 2018, Delaware 2016, Massachusetts 1984, New York 2004) holds the existing statute unconstitutional under the state constitution. Judicial abolition can be reversed by constitutional amendment or new statute meeting constitutional requirements.
