The map of the United States looks like a patchwork quilt when you start asking about capital punishment. You’d think it’s a simple "yes or no" question. It isn't. Honestly, the deeper you dig into what states have death penalties, the more you realize that "legal" doesn't always mean "active."
As of early 2026, 27 states technically keep the death penalty on their books. But that number is a bit of a lie. If you live in California, the law says the death penalty exists, yet no one has been executed there since 2006. In fact, Governor Gavin Newsom pulled the plug on the whole operation with a moratorium years ago.
It’s a weird legal limbo. You have states that love the idea of the death penalty in theory but haven't touched a needle or a chair in decades. Then you have the "Active Five"—states like Texas and Florida—that handle the vast majority of the country's executions.
The Current Map of What States Have Death Penalties
Basically, the country is split. On one side, you have 23 states (plus Washington D.C.) that have completely wiped the statutes away. Virginia was a massive domino to fall in 2021, especially considering it used to be one of the most prolific execution states in history.
The 27 states that still authorize the death penalty are:
Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
But wait.
Check the fine print.
California, Oregon, and Pennsylvania are under "gubernatorial moratoriums." This means the Governor has effectively said, "Not on my watch." So, while a judge can still sentence someone to death in these places, the actual execution isn't happening anytime soon.
Why the 2025 Spike Changed Everything
If you looked at the news last year, you saw something startling. 2025 was a violent year for the legal system. After a long period of decline, executions actually spiked. Florida's Governor Ron DeSantis signed death warrants at a pace we haven't seen in years. In 2025 alone, Florida carried out 15 executions.
Texas and Alabama weren't far behind.
It feels like a rubber band effect. For a while, the U.S. was moving away from the practice. Now, certain states are doubling down. Alabama even started using nitrogen gas—a method that has sparked massive international debate and some pretty gnarly reports about how it actually looks in the room.
The "Hidden" Death Penalty States
Some states are "death penalty states" in name only. Take New Hampshire. They abolished it in 2019, but it wasn't retroactive. They still have one person on death row.
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Then there’s Kansas or Wyoming. They have the law. They have the cells. But they haven't executed anyone in decades. In Kansas, the last execution was in 1965. Think about that. The law has been sitting there, unused, for over 60 years.
The Federal Wildcard
You can't talk about what states have death penalties without mentioning the feds. For a few years under the Biden administration, there was a moratorium on federal executions. That changed. With the shift in the White House in early 2025, the federal death penalty was "un-paused."
Attorney General Pam Bondi rescinded the previous moratorium in February 2025. This means even if you are in a state that has abolished the death penalty—like Massachusetts or New York—you could still face a death sentence if you're charged with a federal capital crime.
New Laws and New Crimes
One of the most surprising trends lately is the expansion of what earns you a death sentence. Traditionally, it was "an eye for an eye"—you had to kill someone to face the needle.
Not anymore.
In 2025, several states decided to push the envelope:
- Florida passed a law making human trafficking of children a capital offense.
- Oklahoma and Tennessee moved to make certain non-homicide sex crimes against children eligible for the death penalty.
- Idaho actually authorized the firing squad as a primary method because they couldn't get the drugs for lethal injections.
This is a huge deal because the Supreme Court previously ruled in Kennedy v. Louisiana (2008) that you couldn't execute someone for a crime where no death occurred. These states are essentially daring the Supreme Court to change its mind.
The Problem with the Drugs
The reason you're seeing "old school" methods like firing squads (Utah, South Carolina, Idaho) and nitrogen gas (Alabama, Mississippi) come back is simple: pharmaceutical companies hate being associated with death.
European manufacturers have largely blocked U.S. prisons from buying the drugs used for lethal injections. States have been forced to get creative, which is a terrifying thought when you're talking about state-sanctioned killing.
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What Actually Happens in 2026?
If you're looking at the calendar for this year, the schedule is busy. Ohio, which had a long pause due to "pharmaceutical challenges," has a string of executions lined up for 2026. Texas remains the "engine room" of the death penalty, with multiple dates already set for the spring and summer.
What's really interesting is the jury factor.
In Florida, you no longer need a unanimous jury to sentence someone to death. An 8-4 vote is enough. That makes Florida an absolute outlier. In almost every other state, if even one person on the jury says "life," the death penalty is off the table.
Actionable Insights: Navigating the Map
If you’re trying to keep track of this for a paper, a legal case, or just because the news is confusing, remember these three things:
- Check the Moratorium Status: Don't just look at whether the state has the law. Look at whether the Governor is actually allowing it. California is the biggest "paper-only" death penalty state.
- Federal vs. State: They are different tracks. A federal death sentence can happen anywhere in the country, regardless of state law.
- Watch the Supreme Court: The new laws in Florida and Tennessee regarding non-homicide crimes are going to end up in D.C. very soon. If the Court upholds them, the death penalty map could expand for the first time in decades.
The reality is that while the number of states with the death penalty is technically shrinking over long periods of time, the states that still use it are using it more aggressively than they have in a generation.
To stay updated on specific execution dates and state-by-state legislative changes, the Death Penalty Information Center (DPIC) remains the gold standard for real-time data. You should also monitor the National Conference of State Legislatures (NCSL), as they track the specific bills—like Idaho’s firing squad law—as they move from the statehouse to the governor's desk.