Guide Rankings Law Updated June 22, 2026

Death Penalty by State

Exterior of a state correctional facility in the United States, where capital punishment sentences are carried out

Death Penalty by State

Ranking - Law

27 states retain the death penalty in 2026, along with the U.S. federal government and U.S. Military. Of those, 4 states have active executive holds on executions. Michigan abolished capital punishment in 1847, the first English-speaking government in the world to do so.

Quick Answer

Death Penalty by State

  1. 1

    27 states retain the death penalty as of 2026, along with the U.S. federal government and U.S. Military. Lethal injection is the primary method, with several states also authorizing nitrogen hypoxia, electrocution, or firing squad.

  2. 2

    23 states have abolished capital punishment. Michigan abolished it in 1847, the earliest of any state. Virginia was among the most recent, in 2021, followed by Washington in 2023.

  3. 3

    4 death penalty states have active executive holds on executions: California (Gov. Newsom, 2019), Oregon (Gov. Kotek continuing the hold in 2023), Pennsylvania (Gov. Shapiro, 2023), and Ohio (Gov. DeWine, February 2025). None anticipates carrying out an execution during their current terms.

Map

Death Penalty Status by State 2026

Status
Legal - Active
Gubernatorial Moratorium
Abolished
23 states in dark red actively apply the death penalty. 4 states in yellow — California, Ohio, Oregon, and Pennsylvania — retain it in law but have executive holds on executions. 23 states in light blue have abolished capital punishment; Michigan was first in 1847.
Death Penalty Status by State 2026
State Status
Alabama Legal - Active
Arizona Legal - Active
Arkansas Legal - Active
Florida Legal - Active
Georgia Legal - Active
Idaho Legal - Active
Indiana Legal - Active
Kansas Legal - Active
Kentucky Legal - Active
Louisiana Legal - Active
Mississippi Legal - Active
Missouri Legal - Active
Montana Legal - Active
Nebraska Legal - Active
Nevada Legal - Active
North Carolina Legal - Active
Oklahoma Legal - Active
South Carolina Legal - Active
South Dakota Legal - Active
Tennessee Legal - Active
Texas Legal - Active
Utah Legal - Active
Wyoming Legal - Active
California Gubernatorial Moratorium
Ohio Gubernatorial Moratorium
Oregon Gubernatorial Moratorium
Pennsylvania Gubernatorial Moratorium
Alaska Abolished
Colorado Abolished
Connecticut Abolished
Delaware Abolished
Hawaii Abolished
Illinois Abolished
Iowa Abolished
Maine Abolished
Maryland Abolished
Massachusetts Abolished
Michigan Abolished
Minnesota Abolished
New Hampshire Abolished
New Jersey Abolished
New Mexico Abolished
New York Abolished
North Dakota Abolished
Rhode Island Abolished
Vermont Abolished
Virginia Abolished
Washington Abolished
West Virginia Abolished
Wisconsin Abolished

23 states in dark red actively apply the death penalty. 4 states in yellow — California, Ohio, Oregon, and Pennsylvania — retain it in law but have executive holds on executions. 23 states in light blue have abolished capital punishment; Michigan was first in 1847.

Death Penalty by State Table

Status

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Print-ready table — Death Penalty by State

States That Have Abolished the Death Penalty

United States Supreme Court building in Washington D.C., where Furman v. Georgia (1972) and Gregg v. Georgia (1976) shaped modern capital punishment law
Furman v. Georgia (1972) effectively halted all U.S. executions for four years. Gregg v. Georgia (1976) allowed states to resume capital punishment under revised statutes. 23 states have abolished it in the decades since.

23 states have abolished capital punishment, with Michigan leading in 1847 as the earliest English-speaking government in the world to do so. Wisconsin followed in 1853, Maine in 1887, and Minnesota in 1911.

Virginia became the first Southern state to abolish the death penalty in 2021. Washington followed in 2023, the most recent. New Jersey in 2007 was the first state in the modern era to repeal it through the legislature.

Death Penalty States with a Gubernatorial Moratorium

California State Capitol building in Sacramento, California
Gov. Gavin Newsom issued a moratorium on executions in California on March 13, 2019. Three other states — Ohio, Oregon, and Pennsylvania — also have active executive holds as of 2026.

4 states retain the death penalty in law but have active executive holds on executions: California, Ohio, Oregon, and Pennsylvania. Gov. Gavin Newsom halted executions in California on March 13, 2019. Gov. Tina Kotek continued Oregon's moratorium in January 2023, following Gov. Kate Brown, who commuted all death sentences in 2022.

Gov. Josh Shapiro continued Pennsylvania's moratorium in 2023 and urged the legislature to repeal capital punishment. Gov. Mike DeWine stated on February 13, 2025, that he does not anticipate further executions during his term through 2026.

Quick Answers

Which states have the death penalty in 2026
27 states retain the death penalty in 2026: 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. The U.S. federal government and U.S. Military also retain capital punishment.
What states have abolished the death penalty
23 states have abolished capital punishment: 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. Michigan abolished it in 1847; Washington was the most recent, in 2023.
Which state was the first to abolish the death penalty
Michigan abolished the death penalty in 1847, the first of any U.S. state and the first English-speaking government in the world to do so. Wisconsin followed in 1853, Maine in 1887, and Minnesota in 1911.
Is the death penalty legal in California
Capital punishment remains legal under California state law, but Gov. Gavin Newsom issued an executive moratorium on March 13, 2019, stating he would not oversee any execution while governor. California has not carried out an execution since 2006.
What is the execution method in Texas
Texas uses lethal injection as its only authorized execution method. Texas has carried out more executions than any other state since capital punishment was reinstated in 1976.
When did Virginia abolish the death penalty
Virginia abolished the death penalty on March 24, 2021, when Gov. Ralph Northam signed the repeal into law. Virginia was the first Southern state to do so.

Methodology

Status reflects state law and executive orders as of June 2026, based on Death Penalty Information Center data. Abolition years shown are the effective date of the legislative repeal or binding court ruling.

Sources

Information is cross-referenced with official state archives.
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