If you walked into a courtroom today, the odds of seeing a death sentence handed down are slimmer than they’ve been in decades. Yet, the law books say something different. It’s a weird, split-screen reality. You’ve got states like Florida ramping up executions to levels we haven’t seen in years, while just across the border, other states are letting their execution chambers gather dust.
So, let's get into the hard numbers. As of January 2026, 27 states still have the death penalty on the books.
That sounds like a lot, right? More than half the country. But that number is a bit of a mirage. If you’re looking for how many states in america have the death sentence and actually use it, the list gets much, much shorter.
The "Active" vs. "Inactive" Divide
The truth is, most states with the death penalty don't actually kill anyone. Honestly, it’s mostly a symbolic gesture in about a third of those 27 states.
Take California. It has the largest death row in the Western Hemisphere—hundreds of people. But they haven't executed a single person since 2006. Governor Gavin Newsom even dismantled the execution chamber at San Quentin. Then you have Pennsylvania and Oregon, where governors have put formal "pauses" on the whole process. They have the law, but they’ve basically put a padlock on the door.
Then there’s the "Active" group. These are the states that aren't just sentencing people but are actually carrying out the warrants. In 2025, we saw a massive spike. Florida led the pack, with Governor Ron DeSantis signing warrants at a pace we haven't seen since the 90s. Texas, Oklahoma, and Alabama are the other big players here.
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- Texas: Still the national leader in total executions since 1976. They have several high-profile cases hitting the appeals stage in early 2026.
- Alabama: Recently made headlines for using nitrogen gas—a method that’s sparked a ton of legal and ethical firestorms.
- Florida: They've expanded the "death-eligible" list recently to include certain crimes against children, even when no death occurred.
States Without the Death Penalty
On the flip side, 23 states have completely abolished it. No "ifs," "ands," or "buts."
- Michigan was the first (way back in 1847).
- Virginia—historically a high-execution state—surprised everyone by joining the abolitionist side in 2021.
- Delaware and Washington had their statutes struck down by their own Supreme Courts.
Why the Number is Fluctuating Right Now
The question of how many states in america have the death sentence is getting harder to answer with a simple digit because the laws are shifting under our feet. In 2025 alone, we saw over 150 bills introduced across the country related to capital punishment. That’s a 180% increase in legislative activity.
Some states are trying to expand it. Idaho just made the firing squad its primary method if lethal drugs aren't available. Tennessee is looking into using fentanyl. It sounds like a movie plot, but it's real life in 2026.
Meanwhile, other states are trying to kill the death penalty through the "back door" of the pharmacy. Many drug companies refuse to sell their products for executions, which has led to a decade-long "drug shortage" in prison systems. If you can't get the drugs, you can't carry out the sentence. Simple as that.
The Real Experts Weigh In
Kristin Houlé Cuellar, a big name in Texas death penalty oversight, recently pointed out that even in "active" states, the number of new death sentences is cratering. Juries just aren't as into it as they used to be. In 2025, juries only returned about 23 new death sentences nationwide. Compare that to the mid-90s when they were handing out over 300 a year.
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It’s a massive cultural shift. People are worried about innocence. Since 1973, at least 200 people have been exonerated from death row. That’s a terrifying stat for any juror to sit with.
How Many States in America Have the Death Sentence: The Full Breakdown
If you want the list for your own notes, here is how the 50 states currently shake out:
The Abolitionists (No Death Penalty):
Alaska, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Virginia, Washington, West Virginia, and Wisconsin. (Washington D.C. also has no death penalty).
The Formal Moratoriums (Law exists, but it's on "pause"):
California, Pennsylvania, and Oregon. Ohio's governor has also issued reprieves through 2026 due to drug sourcing issues.
The Rest (Legal and active to varying degrees):
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
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Wait—Wyoming? Yeah, they have the law, but they've only executed one person since 1976. Same with South Dakota (5 executions) and Nebraska (4). For these states, the death penalty is more like a dormant volcano. It’s there, it’s legal, but it rarely erupts.
What You Should Keep an Eye On
If you’re following this, 2026 is going to be a "litigation year." Watch for these three things:
- The Nitrogen Hypoxia Fallout: Alabama and act-alike states (like Arkansas) are going to face massive Supreme Court challenges over whether gas is "cruel and unusual."
- The "Non-Homicide" Expansion: Florida and Idaho have passed laws to allow the death penalty for sex crimes against children. This directly contradicts a 2008 Supreme Court ruling (Kennedy v. Louisiana). This is headed for a massive showdown.
- The Pharmaceutical War: More states are passing "secrecy laws" to hide where they get their execution drugs. Expect more lawsuits from news organizations and civil rights groups.
Honestly, the "death penalty map" of America looks like a patchwork quilt. It depends entirely on which side of a state line you're standing on. While 27 states technically have the sentence, the "Execution Map" is really only about 10 or 11 states in any given year.
Next Steps for Research:
- Check your local state legislature’s "Judiciary Committee" page to see if any of the 150+ pending death penalty bills are moving in your area.
- Look up the "Death Penalty Information Center" (DPIC) for the 2025 Year-End Report to see specific execution dates scheduled for the remainder of 2026.
- If you're interested in the legal side, read the full text of Kennedy v. Louisiana to understand why the new Florida and Idaho laws are so legally controversial.