You’d think the map of the U.S. would be a simple "yes" or "no" when it comes to capital punishment. It isn't. Not even close. If you’re trying to figure out how many states still have the death penalty in America, the number most people toss around is 27. But honestly? That number is kinda lying to you.
It’s a technicality.
Sure, 27 states have the death penalty written into their books. But having a law on the shelf and actually using it are two very different things in 2026. Right now, the country is essentially split into three camps: the states that are actively executing people, the states that have officially quit, and the "gray zone" states. These gray zone states are the ones where it’s legal, but the governors or the courts have basically pulled the plug on the equipment.
The Breakdown of the 27 States
Basically, as of early 2026, capital punishment is authorized in 27 states, plus the federal government and the U.S. military. However, that "27" includes four states—California, Pennsylvania, Oregon, and Ohio—where governors have issued formal moratoriums. That means they’ve said, "Not on my watch."
Then you’ve got places like Nevada and Montana. They haven't executed anyone in decades. In Nevada, they haven't put anyone to death since 2006. In Montana? Not since 2006 either. For all intents and purposes, the death penalty is a ghost in those states, haunted by legal challenges and a lack of available drugs.
So, if you subtract the moratorium states and the ones that just don't do it anymore, the number of states that actually carry out executions is much smaller—usually about 10 to 12 in any given year.
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Who is Still Actively Executing?
If you want to know where the death penalty is actually happening, look South. Texas is always the leader here. It’s not even a competition. Since 1976, Texas has executed over 590 people. To put that in perspective, the next closest state, Oklahoma, has executed about 120.
In 2025, we saw a massive surge in Florida. Governor Ron DeSantis signed several bills that made it easier to get a death sentence—like moving away from the requirement for a unanimous jury. Because of that, Florida accounted for a huge chunk of the country's executions last year. It’s a total outlier compared to the rest of the country, which is generally moving away from the practice.
Here are the heavy hitters right now:
- Texas: Still the most active.
- Florida: Aggressively expanding its use.
- Oklahoma: Continues a steady, though often legally challenged, schedule.
- Alabama: Recently made headlines for using nitrogen gas, a controversial new method.
- Missouri: Stays pretty consistent with its execution dates.
The 2026 Reality: A Widening Gap
What’s happening in 2026 is a weird "divergence." The states that like the death penalty are leaning into it harder than ever. Meanwhile, the states that are skeptical are walking away completely.
Take Idaho. Last year, they made the firing squad their primary method because they couldn't get the drugs for lethal injection. On the flip side, Virginia—which used to be one of the most active death penalty states in history—officially abolished it in 2021. It was the first Southern state to do so. That was a massive deal. It signaled that the "Death Belt" was starting to fray.
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The Federal Wildcard
We also have to talk about the federal level. Under the Biden administration, there was a moratorium on federal executions. But with the change in administration in 2025, that's flipped. President Trump signed an executive order on his first day back in office to end that moratorium. He specifically directed the Department of Justice to seek the death penalty for crimes involving the killing of police officers and for certain crimes committed by undocumented immigrants.
So, while the states are fighting their own battles, the federal government is ramping things back up.
Why the Numbers are Tricky
If you’re doing a school project or just curious, don't just look at a list of "Death Penalty States." You have to look at the "Death Row" numbers versus "Execution" numbers.
California has the largest death row in the Western Hemisphere. Over 600 people are waiting to die there. But because of Governor Gavin Newsom’s moratorium, nobody has been executed there since 2006. He’s even started dismantling the death row at San Quentin, moving inmates into the general prison population. It’s a death penalty state that refuses to use the death penalty.
Methods are Changing Too
Lethal injection is dying. Not because of a moral change, but because pharmaceutical companies don't want their drugs used for killing. They’ve basically cut off the supply.
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This has led to some "retro" choices:
- Nitrogen Hypoxia: Alabama and Louisiana are now using this. You basically breathe pure nitrogen through a mask until you pass out and die.
- Firing Squad: Idaho and South Carolina have brought this back as a backup.
- Electrocution: Still on the books as an option in a few states like Tennessee and South Carolina.
What’s Next?
If you're following this, keep an eye on the courts. The Supreme Court has been pretty hands-off lately, refusing to stay most executions. But state-level courts in places like Washington and Delaware have stepped in to declare their state laws unconstitutional.
The trend is clear: the U.S. is becoming a "Death Penalty Island" in the Western world. Most of our allies stopped this decades ago. Whether we follow suit or keep this fragmented system depends entirely on who is sitting in the Governor's mansion and the White House.
Actionable Steps for Staying Informed
If you want to keep track of this fast-moving landscape, here is how you can stay updated without getting bogged down in legal jargon:
- Check the Execution Calendar: The Death Penalty Information Center (DPIC) keeps a running list of upcoming dates. If a state has a date set but keeps delaying it (like Ohio), it’s a sign of a "de facto" moratorium.
- Monitor State Legislation: In 2026, keep an eye on Nebraska and Kansas. There are active movements in both states to abolish the penalty that actually have some bipartisan support.
- Watch the "Secondary Methods" Bills: If a state starts passing laws about firing squads or gas chambers, it means they’ve run out of lethal injection drugs. This is usually the first sign of a major legal battle coming.
- Follow Federal Case Filings: With the federal moratorium over, the first few federal execution dates will likely trigger massive Supreme Court appeals. These will set the tone for the next four years.
The map is shifting. Don't trust a static list—the real story is in the stay of executions and the legislative sessions.