If you’re looking for a simple number, it’s 27. But honestly, that doesn’t tell even half the story.
As of January 2026, 27 states technically have capital punishment on the books. However, the gap between having a law and actually using it has never been wider. You’ve got a handful of states like Texas and Florida moving full steam ahead, while others have death rows that are basically just high-security retirement homes where no one ever actually goes to the chamber.
It's a weird, fractured landscape.
While 27 states "have" the penalty, only about 21 of them really have the authority or the political will to use it right now. The rest are tangled up in governor-issued moratoriums, court battles over drugs, or just a general lack of interest in the paperwork and protest that come with an execution date.
The Breakdown: How Many States in US Have Death Penalty Right Now?
To really understand the map, you have to look at the three distinct buckets states fall into. It’s not just "legal" or "illegal" anymore.
The Active States
These are the places where the machinery of death is well-oiled. In 2025, we saw a massive surge in Florida, where Governor Ron DeSantis oversaw 19 executions—a record for the state. Texas, as usual, remains the leader in total numbers since the 70s. These states, along with Oklahoma, Alabama, and Missouri, account for the vast majority of actual executions in the United States.
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The Moratorium States
This is where it gets confusing. California, Oregon, and Pennsylvania all have the death penalty. If you commit a heinous enough crime there, a jury can still sentence you to die. But you won’t. Governors in these states have issued formal halts. In California, Governor Gavin Newsom has gone as far as starting to dismantle death row entirely, moving inmates into the general prison population.
The Abolitionist States
Then you have the 23 states that have completely wiped it from the books. Virginia was the most recent big domino to fall back in 2021. This was a massive shift because, historically, Virginia was a "heavy" execution state. Now, it’s joined the ranks of Michigan (the first to abolish it in 1846), Washington, and Maryland.
Why the Number is Fluctuating in 2026
Politics is driving a wedge through the country. Just recently, on his first day in office in January 2025, the new administration ended the federal moratorium on executions. This means federal prosecutors are now being pushed to seek the death penalty for specific crimes, like killing a police officer or crimes involving certain immigration statuses.
At the state level, the drama is even higher.
- Idaho recently made headlines by making the firing squad its primary method of execution if lethal drugs aren't available. That law officially takes full effect this July.
- Louisiana and Alabama have started using nitrogen gas. Witnesses at some of these recent 2025 executions reported "jerking" and "twitching," which has triggered a whole new wave of lawsuits.
- North Carolina actually expanded its options recently, lifting bans on electrocution and lethal gas as backups just in case their drug supply runs dry.
It’s almost like a "legal arms race." As drug companies refuse to sell chemicals for executions, states are digging into the history books for older, more violent methods to keep the penalty viable.
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The Execution Schedule for 2026
We already have a pretty grim calendar for the year. There are about 19 dates already on the books.
Charles Victor Thompson is scheduled for January 28 in Texas. Florida has Ronald Heath set for February 10. Oklahoma, Tennessee, and Ohio also have names on the list. But here is the thing: many of these might not happen.
In Ohio, Governor Mike DeWine has basically stopped all executions since 2019 because he thinks lethal injection is "impossible" from a practical standpoint with the current legal hurdles. So even though Gerald Robert Hand is on the schedule for June, there’s a high chance he gets a reprieve, just like dozens before him.
The Human Element: Juries are Getting Cold Feet
Despite the aggressive laws being passed in places like Florida and South Carolina, the people in the jury box are feeling differently.
A recent report from the Death Penalty Information Center showed that in 2025, more than half of capital juries—56%—chose life without parole over a death sentence. That’s a huge deal. Even when prosecutors want the needle, everyday citizens are increasingly hesitant to sign off on it.
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Public support is hovering at about 52%, the lowest it’s been in 50 years. If you’re under 35, there’s a good chance you’re part of the majority that opposes it entirely.
Actionable Insights for Staying Informed
The "how many" question is a moving target. If you're following this for research, legal interest, or just curiosity, here's how to keep the facts straight:
- Check the Moratoriums: Don't just look at state laws. A state like Pennsylvania "has" the penalty but hasn't executed anyone since 1999. The political leanings of the sitting Governor matter more than the law itself.
- Monitor the Methods: Watch for "alternative" methods like nitrogen hypoxia and firing squads. As these become more common, expect the Supreme Court to weigh in again, which could freeze executions nationwide for months or years.
- Watch the Federal Level: With the federal government now actively seeking death sentences again, we might see a spike in federal executions at Terre Haute, regardless of what's happening at the state level.
- Track New Legislation: States like Indiana and Kentucky have actually seen Republican-led bills to abolish the penalty lately, citing the massive cost of appeals. Keep an eye on those "unlikely" states for the next big shift.
The U.S. is basically a house divided on this. One half is trying to make executions faster and more "efficient," while the other half is trying to pretend the laws don't exist until they can finally repeal them. For now, 27 is the number, but the "Active" list is much smaller.
To stay current, you should regularly monitor the Death Penalty Information Center (DPIC) monthly reports. They track every execution warrant, stay, and legislative change in real-time, which is essential given how fast the legal landscape in states like Florida and Idaho is shifting right now. Search for their "Execution Database" for the most granular state-by-state data.