If you look at a map of the United States today, the legal status of the death penalty looks like a messy, unfinished puzzle. You’ve probably heard people say it’s on its way out. You’ve also probably seen headlines about states bringing back old-school methods like the firing squad. Both are true. It’s weird.
As of early 2026, 27 states still have capital punishment on the books. But "on the books" and "actually doing it" are two very different things in the American legal system.
Honestly, the distance between a death sentence and an actual execution has never been wider. In some places, like California, the death penalty exists legally, but nobody has been executed in twenty years. In others, like Texas or Oklahoma, the machinery of the state moves much faster.
The Current List: What States Have the Death Penalty Right Now?
Let's just get to the raw data first. If you are looking for the specific list of jurisdictions where the death penalty is currently legal, here they are.
The Active Jurisdictions:
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.
Add to that the U.S. Federal Government and the U.S. Military, and you have the full picture of where the law allows for a death sentence.
But here is where it gets tricky.
A state like California has the largest death row in the country—hundreds of people—but Governor Gavin Newsom issued a moratorium years ago. They aren't carrying out executions. Oregon and Pennsylvania are in a similar boat. Their governors have basically said, "Not on my watch." So while the law says they have it, the reality is a stalemate.
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The Resurgence of Alternative Methods
For a long time, lethal injection was the only game in town. It was marketed as the "humane" way to do things. But then, pharmaceutical companies—mostly in Europe—started refusing to sell the drugs to prisons. They didn't want their products associated with killing.
This created a massive shortage.
States had a choice: stop the executions or find a new way. Several chose "find a new way."
- Idaho made waves recently by making the firing squad its primary method of execution (as of July 2026) if drugs aren't available.
- Alabama and Louisiana have leaned into nitrogen hypoxia, a method where the prisoner breathes only nitrogen until they suffocate. Alabama's first use of this in 2024 was highly controversial and sparked a fresh wave of legal challenges.
- South Carolina brought back the electric chair as a primary option because they couldn't get the needles and drugs they needed.
It feels like a throwback to the 19th century in some of these legislative sessions. Legislators in states like Arizona and Tennessee have spent the last year debating whether to bring back gas chambers or firing squads just to keep their systems moving.
Why Some States Never Use It
You’ve got states like Kansas and Wyoming. They have the death penalty. They’ve had it for decades. But Kansas hasn't actually executed anyone since the 1960s.
Why?
It's expensive. Incredibly expensive.
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Most people think the death penalty saves money because you aren't paying for "room and board" for 50 years. The opposite is true. Because the stakes are life and death, the legal appeals process is exhaustive. We're talking millions of dollars in legal fees, specialized housing, and decades of court dates. For many states, it’s easier (and cheaper) to just let someone sit in a maximum-security cell for the rest of their life.
The 2025-2026 Political Shift
The landscape shifted significantly following the 2024 election. Under the current administration, the Department of Justice lifted the federal moratorium that had been in place. Attorney General Pamela Bondi has been vocal about pursuing the death penalty for specific crimes, particularly those involving the murder of law enforcement or crimes committed by undocumented individuals.
This federal "green light" has emboldened several state legislatures. In 2025 alone, we saw a flurry of bills aimed at expanding who can be executed.
Florida passed a law (SB 4) that mandates the death penalty for undocumented immigrants convicted of capital felonies. They also expanded the list of aggravating factors to include attacks on "heads of state" like governors or the president. Arkansas and Tennessee even passed laws allowing the death penalty for certain non-homicide crimes, like the rape of a child, directly challenging previous Supreme Court rulings.
The States That Said "No More"
On the flip side, the list of abolitionist states is growing, albeit slowly. There are 23 states (plus D.C.) that have completely done away with the practice.
Virginia was a massive turning point in 2021. They had executed more people in their history than almost any other state, yet they abolished it. Delaware and Washington saw their state Supreme Courts rule the practice unconstitutional because it was being applied in an "arbitrary and racially biased" manner.
Here is a quick look at the states where the death penalty is not legal:
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.
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What Most People Get Wrong
The biggest misconception is that the death penalty is a "fast" punishment. It's not.
The average time a person spends on death row before execution is now over 20 years. In states like Nevada, you're actually more likely to die of natural causes while waiting for your execution date than you are to actually be executed by the state.
Another big one: the "unanimous jury" rule. For a long time, it was assumed a jury had to be 100% in agreement to sentence someone to death. But Florida changed that. They now allow a judge to impose a death sentence even if the jury isn't unanimous, a move that is currently being fought out in the higher courts.
Practical Realities and Next Steps
If you are following this for a legal case or just trying to stay informed on the shifting laws, there are a few things to keep an eye on over the next twelve months:
- The Florida Test Case: Watch how the Supreme Court handles Florida's new laws. If they allow the death penalty for non-homicide crimes, expect a dozen other red states to pass similar laws by the end of 2026.
- The Supply Chain Issue: As long as pharmaceutical companies refuse to provide drugs, expect more states to legalize the firing squad or nitrogen gas.
- The Cost Factor: Keep an eye on state budgets. Several conservative lawmakers in states like Ohio have actually started pushing for abolition—not for moral reasons, but because the cost of the appeals process is "fiscally irresponsible."
The map of what states have the death penalty is going to keep changing. It’s a tug-of-war between a federal government that wants to speed it up and a pharmaceutical industry and legal system that keeps slowing it down.
If you want to stay updated on a specific state's status, the Death Penalty Information Center remains the gold standard for tracking legislative changes in real-time. You should also check your local state legislature’s website for "active bills," as many of these execution method changes happen in "lame duck" sessions with very little fanfare.
The era of the "standard" death penalty is over. We’ve entered a phase of experimentation and legal brinkmanship. Whether that leads to a total comeback or a final collapse of the system is the big question for the rest of the 2020s.
Actionable Insight: If you're researching this for a project or advocacy, focus your energy on "De Facto" versus "De Jure" status. Knowing a state has the law (De Jure) is only half the story; knowing if they have a moratorium or a drug shortage (De Facto) tells you what's actually happening on the ground.