Walk into the viewing gallery at the Holman Correctional Facility in Alabama or the Polunsky Unit in Texas, and you’ll feel a specific kind of heavy silence. It’s the weight of "the Row." But if you’re looking at a map of the United States today, that silence is spreading to places you might not expect.
Honestly, the answer to what states have death row is becoming a bit of a moving target.
As of early 2026, the count stands at 27 states that technically allow capital punishment. But that number is a total lie if you think it means 27 states are actually out there performing executions. It's way more complicated than a simple "yes" or "no" list. Some states have the laws but haven't used them since the 1960s. Others, like Florida, are currently moving at breakneck speed.
The Active Players: Where Executions Are Actually Happening
If we're talking about where the death penalty isn't just a dusty book on a shelf, the list gets much shorter.
Texas. Florida. Oklahoma. Missouri. Alabama.
These are the "Active Five." In 2025, Florida actually took the lead, executing people at a rate we haven't seen in decades. Governor Ron DeSantis signed off on several high-profile cases, and the state even expanded its laws to allow the death penalty for certain non-homicide crimes, like capital sex trafficking and specific crimes against children. This is a massive legal shift because, for a long time, the Supreme Court basically said you couldn't execute someone unless they killed someone.
Texas remains the historical heavyweight. They’ve got several executions scheduled for the first half of 2026, including Charles Victor Thompson and Cedric Ricks. It's a machine there. They don't have the same "legal limbo" issues that plague states like California.
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The "Paper Only" States: Death Row Without the Death
Then you have the weird middle ground.
California has the largest death row in the Western Hemisphere. Over 600 people. But guess what? Nobody has been executed there since 2006. Governor Gavin Newsom issued a moratorium years ago, and he’s been pretty vocal about the fact that no one will be put to death while he’s in charge.
So, does California "have" death row? Yes. Are they using it? No.
Pennsylvania and Oregon are in the same boat. They have "gubernatorial moratoriums." This basically means the Governor has used their executive power to put a "pause" button on the whole system. The inmates stay in their cells, the appeals keep churning, but the executioner doesn't get a call.
States With the Death Penalty (2026 Status)
- Alabama: Active. Recently pioneered the use of nitrogen hypoxia.
- Arizona: Legal, but currently facing massive procedural hurdles.
- Arkansas: Legal. Recently expanded death-eligible crimes to include capital rape of a child under 13.
- Florida: Very active. Expanded death penalty for sex crimes in 2025.
- Georgia: Legal and occasionally active.
- Idaho: Legal. Recently made the firing squad its primary method of execution when drugs aren't available.
- Indiana: Legal, but hasn't executed anyone in years.
- Kansas: Legal, but hasn't executed anyone since 1965. Think about that. That's 60 years of "death row" with zero executions.
- Kentucky: Legal, but largely inactive.
- Louisiana: Legal. In 2026, they are shifting toward making the firing squad a more viable option.
- Mississippi: Legal and active.
- Missouri: Active. One of the few states that consistently carries out sentences.
- Montana: Legal, but no executions since 2006.
- Nebraska: Legal. They actually abolished it in 2015, but then brought it back by popular vote a year later.
- Nevada: Legal. Large death row, but they haven't actually executed anyone since 2006.
- North Carolina: Legal. Haven't executed anyone in nearly 20 years.
- Ohio: Legal. However, Governor Mike DeWine stated in 2025 that he doesn't anticipate any more executions during his term, which ends this year.
- Oklahoma: Highly active. They’ve been on a steady "execution a month" clip recently.
- South Carolina: Legal. They recently cleared legal hurdles to use the electric chair and firing squad.
- South Dakota: Legal. Rarely used.
- Tennessee: Legal. They have several executions scheduled for 2026, including Christa Pike, who would be a rare female execution.
- Texas: The most active state in U.S. history.
- Utah: Legal. Firing squad is a secondary option here.
- Wyoming: Legal, but they currently have zero people on death row.
The Abolitionist Wave: Who Walked Away?
23 states have completely wiped the death penalty off their books.
Virginia was the big shocker a few years ago. They used to be second only to Texas in the number of people they executed. But in 2021, they became the first Southern state to abolish it. It was a huge "wow" moment for legal experts.
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Others like Colorado (2020), New Hampshire (2019), and Washington (2023) have followed suit. In these states, death row simply doesn't exist anymore. If you commit a heinous crime there, you're looking at Life Without Parole (LWOP), period.
The Federal Wildcard
We can't talk about what states have death row without mentioning the feds.
The federal government has its own death row in Terre Haute, Indiana. For years, it sat quiet. Then, at the end of the Trump administration, there was a flurry of 13 executions in just a few months. When the Biden administration took over, they put a moratorium on it.
However, in early 2025, the new administration lifted that moratorium. Attorney General Pamela Bondi issued a memorandum making it clear that the federal government would once again seek the death penalty, especially for cases involving the murder of law enforcement or crimes committed by undocumented immigrants. This has put the federal death row back into the "active" category.
Why the Map is Messy
The big reason the map is so confusing is the "drug problem."
Most states want to use lethal injection because it looks "humane" on TV. But pharmaceutical companies don't want their drugs associated with killing people. They've been cutting off the supply. This led to states like Alabama trying nitrogen gas and Idaho looking back at the firing squad.
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It's sorta like a cat-and-mouse game between state legislatures and drug manufacturers.
Also, the cost is insane. People think the death penalty is cheaper than feeding someone for life. It's not. Not even close. Because of the endless appeals required to make sure we don't kill an innocent person, a single death penalty case can cost a state millions of dollars more than a life sentence. In a lot of "red" states, fiscal conservatives are actually the ones leading the charge to get rid of it.
What This Means for You
If you’re following this for a research project or just out of morbid curiosity, you need to look at "Active" vs. "Legal."
If you live in a state like Kansas or New Hampshire, the death penalty is a legal ghost. It’s there, but it’s not doing anything. If you’re in Florida or Oklahoma, it’s a very real, very active part of the justice system.
Keep an eye on the 2026 election cycles. Governors have more power over the death penalty than almost anyone else through their ability to grant clemency or issue stays. A single election can turn an "Active" state into a "Moratorium" state overnight.
Actionable Takeaways:
- Check the Governor: If you want to know if an execution will actually happen in a "Legal" state, look at the Governor's recent statements.
- Verify the Method: States are rapidly changing their "primary" execution methods. Idaho and South Carolina are the ones to watch for firing squad updates in 2026.
- Follow the DPIC: The Death Penalty Information Center is the gold standard for real-time tracking of stays and scheduled dates.
- Look at the Crimes: Pay attention to Florida and Idaho, which are currently challenging the Supreme Court by applying the death penalty to non-homicide crimes. This could lead to a massive showdown in the high court by late 2026.