If you asked this question twenty years ago, the answer was a lot simpler. Today? It’s a mess. Honestly, the map of capital punishment in America looks less like a unified legal system and more like a patchwork quilt that’s been through a paper shredder. As of early 2026, the official count stands at 27 states that technically have the death penalty on the books.
But that number is a total lie if you’re looking for where executions actually happen.
The divide is getting wider. On one hand, you've got places like Florida and Texas where the machinery of death is moving faster than it has in a decade. On the other, you have states that "have" the penalty but haven't used it since the iPod was new. It's weird. You’ve basically got three different Americas existing at the exact same time when it comes to the ultimate price.
The 27 States Where It’s Still Legal
Legally speaking, if you commit a capital crime in these 27 states, the prosecutor can ask for a death sentence. Here is the list as it stands right now:
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.
🔗 Read more: Recent Obituaries in Charlottesville VA: What Most People Get Wrong
Wait. You might have noticed California or Pennsylvania on that list and thought, "Wait, I thought they stopped doing that?"
They did. Sorta.
This is where the "official" count gets tricky. In California, Oregon, and Pennsylvania, the death penalty is 100% legal. The laws are there. The juries still hand out the sentences. However, the governors in those states have issued moratoriums. That basically means they’ve signed a piece of paper saying, "Not on my watch." No executions will happen as long as those orders stand, even though the row remains full.
In Ohio, it's an "unofficial" moratorium. Governor Mike DeWine has basically stopped executions because the state can’t find the drugs for lethal injection without the pharmaceutical companies getting litigious. It’s a stalemate.
💡 You might also like: Trump New Gun Laws: What Most People Get Wrong
Why 2025 Changed Everything
Last year was a massive pivot point. For a long time, the trend was "abolition, abolition, abolition." Virginia got rid of it in 2021. Colorado in 2020. But 2025 saw a hard swing back in the other direction in specific pockets of the country.
Florida is the big story here. In 2025, Florida alone accounted for nearly 40% of all executions in the United States. They’ve been aggressively changing their laws—even moving away from requiring a unanimous jury for a death sentence. It’s a complete outlier compared to the rest of the world.
Meanwhile, Idaho and South Carolina have brought back the firing squad. Why? Because lethal injection drugs are becoming impossible to get. If you can't get the chemicals, you find another way. That’s the mindset in the states that are doubling down.
The States That Said No
On the flip side, 23 states have completely abolished capital punishment. Michigan was the first way back in 1846. The most recent was Virginia. In these states, the death penalty doesn't exist. Period. It's not an option for prosecutors, and the "death rows" have been dismantled.
📖 Related: Why Every Tornado Warning MN Now Live Alert Demands Your Immediate Attention
The legal landscape is shifting toward a "life without parole" standard in most of the Northeast and the West Coast. It's cheaper. It avoids the 20-year appeal process. And frankly, it avoids the PR nightmare of a botched execution.
We saw a "botched" firing squad execution in South Carolina just last year. The autopsy showed they missed the heart. It was a mess. Those kinds of headlines are why many states are quietly letting their death penalty statutes gather dust.
How Many States in the US Have the Death Penalty?
If you want the real-world answer, only about 15 to 16 states are actually "active."
If you’re in Texas, Oklahoma, Alabama, or Florida, the death penalty is a very real, very active part of the justice system. In those four states, executions are scheduled regularly. For example, Texas already has several dates set for 2026, including Charles Victor Thompson in late January.
But if you’re in Kansas or Wyoming? You’ve got the law, but you haven't executed anyone in decades. In Wyoming, there’s only one person on death row. One.
Key Insights for 2026:
- The Federal Level: Don't forget the US Government and the Military. Even if you're in an "abolished" state like Maine, you can still face the federal death penalty for certain crimes.
- Method Matters: Nitrogen gas (used in Alabama and Louisiana) is the "new" thing, though it's incredibly controversial because of how prisoners react to it.
- Public Opinion: It’s at a 50-year low. Only about 52% of Americans support it now. Among people under 35, the majority actually oppose it.
Your Next Steps
If you’re tracking this for a legal project or just curious about your own state's stance, check the Death Penalty Information Center (DPIC) database. They update their execution chamber status in real-time. You should also look at your specific state's "Gubernatorial Orders" page; that's where you'll find out if a "legal" death penalty state is actually an "active" one. Laws change fast—North Carolina just added new execution methods in October 2025, proving this debate is nowhere near over.