Death Penalty in the United States by State

What Is the Death Penalty

The death penalty, also called capital punishment, is a sentence of death that a state or the federal government carries out for a crime, almost always murder. In the United States it is decided state by state: some states use it, some have abolished it, and the federal government and the military keep it for federal crimes. A jury usually decides whether a person convicted of a capital crime is sentenced to death or to prison.

Executions follow a long path. After a death sentence, a case moves through state appeals, then state post-conviction review, then federal habeas corpus review, and each stage can take years. That is why most people executed today were sentenced in the 1990s or 2000s, and why a state’s execution count tracks its political choices about pace more than the number of new sentences.

Which States Have the Death Penalty

27 states have the death penalty and 23 have abolished it, along with the District of Columbia. Having it on the books is not the same as using it. Governors in California, Ohio, Oregon and Pennsylvania have paused executions, and several other states with the death penalty have not carried one out in decades.

Does your state have the death penalty?

Choose your state to see whether it has the death penalty, how many people it has executed since 1976, and how many are on its death row.

Choose your state to see its rules Select a state AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

Counts come from the Death Penalty Information Center's execution, sentencing, and innocence databases. Death row counts people with an active death sentence and can differ slightly from other tallies. This is general information, not legal advice.

Death penalty statusExecutions since 1976

Death penalty status

• Has the death penalty (23 states)
• Has it, executions paused (4 states)
• Abolished (23 states and D.C.)

Sources: Death Penalty Information Center, execution database; Death Penalty Information Center, State by State; Death Penalty Information Center, innocence database. Verified October 14, 2026.

Death penalty status

State	Does the state have the death penalty?	Executions since 1976	People on death row now	Death-row exonerations since 1973
Alabama	Yes. The death penalty is law, and no governor has paused executions.	85, most recently in 2026	146 people	7
Alaska	No. Abolished in 1957.	None since 1976	No one	None
Arizona	Yes. The death penalty is law, and no governor has paused executions.	43, most recently in 2026	107 people	11
Arkansas	Yes. The death penalty is law, and no governor has paused executions.	31, most recently in 2017	23 people	1
California	Yes, but executions are paused. The governor imposed a moratorium in 2019.	13, most recently in 2006	581 people	8
Colorado	No. Abolished in 2020.	1, most recently in 1997	No one	None
Connecticut	No. Abolished in 2012.	1, most recently in 2005	No one	None
Delaware	No. Abolished in 2016.	16, most recently in 2012	No one	2
District of Columbia	No. The death penalty is abolished.	None since 1976	No one	None
Florida	Yes. The death penalty is law, and no governor has paused executions.	142, most recently in 2026	228 people	30
Georgia	Yes. The death penalty is law, and no governor has paused executions.	77, most recently in 2024	34 people	6
Hawaii	No. Abolished in 1957.	None since 1976	No one	None
Idaho	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2012	9 people	1
Illinois	No. Abolished in 2011.	12, most recently in 1999	No one	23
Indiana	Yes. The death penalty is law, and no governor has paused executions.	23, most recently in 2025	5 people	2
Iowa	No. Abolished in 1965.	None since 1976	No one	None
Kansas	Yes. The death penalty is law, and no governor has paused executions.	None since 1976	9 people	None
Kentucky	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2008	24 people	1
Louisiana	Yes. The death penalty is law, and no governor has paused executions.	29, most recently in 2025	57 people	12
Maine	No. Abolished in 1887.	None since 1976	No one	None
Maryland	No. Abolished in 2013.	5, most recently in 2005	No one	2
Massachusetts	No. Abolished in 1984.	None since 1976	No one	3
Michigan	No. Abolished in 1847.	None since 1976	No one	None
Minnesota	No. Abolished in 1911.	None since 1976	No one	None
Mississippi	Yes. The death penalty is law, and no governor has paused executions.	25, most recently in 2025	36 people	7
Missouri	Yes. The death penalty is law, and no governor has paused executions.	102, most recently in 2025	8 people	4
Montana	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2006	2 people	1
Nebraska	Yes. The death penalty is law, and no governor has paused executions.	4, most recently in 2018	11 people	1
Nevada	Yes. The death penalty is law, and no governor has paused executions.	12, most recently in 2006	53 people	2
New Hampshire	No. Abolished in 2019.	None since 1976	1 person	None
New Jersey	No. Abolished in 2007.	None since 1976	No one	None
New Mexico	No. Abolished in 2009.	1, most recently in 2001	No one	4
New York	No. Abolished in 2007.	None since 1976	No one	None
North Carolina	Yes. The death penalty is law, and no governor has paused executions.	43, most recently in 2006	122 people	12
North Dakota	No. Abolished in 1973.	None since 1976	No one	None
Ohio	Yes, but executions are paused. The governor imposed a moratorium in 2020.	56, most recently in 2018	109 people	12
Oklahoma	Yes. The death penalty is law, and no governor has paused executions.	132, most recently in 2026	29 people	11
Oregon	Yes, but executions are paused. The governor imposed a moratorium in 2011.	2, most recently in 1997	No one	1
Pennsylvania	Yes, but executions are paused. The governor imposed a moratorium in 2015.	3, most recently in 1999	99 people	13
Rhode Island	No. Abolished in 1984.	None since 1976	No one	None
South Carolina	Yes. The death penalty is law, and no governor has paused executions.	50, most recently in 2025	20 people	2
South Dakota	Yes. The death penalty is law, and no governor has paused executions.	5, most recently in 2019	1 person	None
Tennessee	Yes. The death penalty is law, and no governor has paused executions.	17, most recently in 2026	40 people	3
Texas	Yes. The death penalty is law, and no governor has paused executions.	603, most recently in 2026	164 people	19
Utah	Yes. The death penalty is law, and no governor has paused executions.	8, most recently in 2024	3 people	None
Vermont	No. Abolished in 1972.	None since 1976	No one	None
Virginia	No. Abolished in 2021.	113, most recently in 2017	No one	1
Washington	No. Abolished in 2023.	5, most recently in 2010	No one	1
West Virginia	No. Abolished in 1965.	None since 1976	No one	None
Wisconsin	No. Abolished in 1853.	None since 1976	No one	None
Wyoming	Yes. The death penalty is law, and no governor has paused executions.	1, most recently in 1992	No one	None

See all states in a table

All states Has the death penalty (23 states)Has it, executions paused (4 states)Abolished (23 states and D.C.) Showing 51 of 51 states

State	Does the state have the death penalty?	Executions since 1976	People on death row now	Death-row exonerations since 1973
Alabama	Yes. The death penalty is law, and no governor has paused executions.	85, most recently in 2026	146 people	7
Alaska	No. Abolished in 1957.	None since 1976	No one	None
Arizona	Yes. The death penalty is law, and no governor has paused executions.	43, most recently in 2026	107 people	11
Arkansas	Yes. The death penalty is law, and no governor has paused executions.	31, most recently in 2017	23 people	1
California	Yes, but executions are paused. The governor imposed a moratorium in 2019.	13, most recently in 2006	581 people	8
Colorado	No. Abolished in 2020.	1, most recently in 1997	No one	None
Connecticut	No. Abolished in 2012.	1, most recently in 2005	No one	None
Delaware	No. Abolished in 2016.	16, most recently in 2012	No one	2
District of Columbia	No. The death penalty is abolished.	None since 1976	No one	None
Florida	Yes. The death penalty is law, and no governor has paused executions.	142, most recently in 2026	228 people	30
Georgia	Yes. The death penalty is law, and no governor has paused executions.	77, most recently in 2024	34 people	6
Hawaii	No. Abolished in 1957.	None since 1976	No one	None
Idaho	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2012	9 people	1
Illinois	No. Abolished in 2011.	12, most recently in 1999	No one	23
Indiana	Yes. The death penalty is law, and no governor has paused executions.	23, most recently in 2025	5 people	2
Iowa	No. Abolished in 1965.	None since 1976	No one	None
Kansas	Yes. The death penalty is law, and no governor has paused executions.	None since 1976	9 people	None
Kentucky	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2008	24 people	1
Louisiana	Yes. The death penalty is law, and no governor has paused executions.	29, most recently in 2025	57 people	12
Maine	No. Abolished in 1887.	None since 1976	No one	None
Maryland	No. Abolished in 2013.	5, most recently in 2005	No one	2
Massachusetts	No. Abolished in 1984.	None since 1976	No one	3
Michigan	No. Abolished in 1847.	None since 1976	No one	None
Minnesota	No. Abolished in 1911.	None since 1976	No one	None
Mississippi	Yes. The death penalty is law, and no governor has paused executions.	25, most recently in 2025	36 people	7
Missouri	Yes. The death penalty is law, and no governor has paused executions.	102, most recently in 2025	8 people	4
Montana	Yes. The death penalty is law, and no governor has paused executions.	3, most recently in 2006	2 people	1
Nebraska	Yes. The death penalty is law, and no governor has paused executions.	4, most recently in 2018	11 people	1
Nevada	Yes. The death penalty is law, and no governor has paused executions.	12, most recently in 2006	53 people	2
New Hampshire	No. Abolished in 2019.	None since 1976	1 person	None
New Jersey	No. Abolished in 2007.	None since 1976	No one	None
New Mexico	No. Abolished in 2009.	1, most recently in 2001	No one	4
New York	No. Abolished in 2007.	None since 1976	No one	None
North Carolina	Yes. The death penalty is law, and no governor has paused executions.	43, most recently in 2006	122 people	12
North Dakota	No. Abolished in 1973.	None since 1976	No one	None
Ohio	Yes, but executions are paused. The governor imposed a moratorium in 2020.	56, most recently in 2018	109 people	12
Oklahoma	Yes. The death penalty is law, and no governor has paused executions.	132, most recently in 2026	29 people	11
Oregon	Yes, but executions are paused. The governor imposed a moratorium in 2011.	2, most recently in 1997	No one	1
Pennsylvania	Yes, but executions are paused. The governor imposed a moratorium in 2015.	3, most recently in 1999	99 people	13
Rhode Island	No. Abolished in 1984.	None since 1976	No one	None
South Carolina	Yes. The death penalty is law, and no governor has paused executions.	50, most recently in 2025	20 people	2
South Dakota	Yes. The death penalty is law, and no governor has paused executions.	5, most recently in 2019	1 person	None
Tennessee	Yes. The death penalty is law, and no governor has paused executions.	17, most recently in 2026	40 people	3
Texas	Yes. The death penalty is law, and no governor has paused executions.	603, most recently in 2026	164 people	19
Utah	Yes. The death penalty is law, and no governor has paused executions.	8, most recently in 2024	3 people	None
Vermont	No. Abolished in 1972.	None since 1976	No one	None
Virginia	No. Abolished in 2021.	113, most recently in 2017	No one	1
Washington	No. Abolished in 2023.	5, most recently in 2010	No one	1
West Virginia	No. Abolished in 1965.	None since 1976	No one	None
Wisconsin	No. Abolished in 1853.	None since 1976	No one	None
Wyoming	Yes. The death penalty is law, and no governor has paused executions.	1, most recently in 1992	No one	None

Sources: Death Penalty Information Center, execution database; Death Penalty Information Center, State by State; Death Penalty Information Center, innocence database. Verified October 14, 2026.

The map above counts states. The people are more concentrated than that: 581 of the 1,928 people on death row are in California, which has not executed anyone since 2006. The federal government holds 3 more after President Biden commuted 37 of 40 federal death sentences in December 2024, and the military holds 4.

Executions Nearly Doubled in 2025

Executions peaked at 98 in 1999, fell for two decades, and then jumped in 2025. The rise came mostly from one state. Florida carried out 19 executions in 2025, about 40% of the national total, and 17 more in 2026 through October 13, 2026.

The pace depends on a few governors and prosecutors rather than on new crimes. 11 states carried out executions in 2025, and 6 have so far in 2026. DPIC found that 39 of the 47 people executed in 2025 had at least one of these: serious mental illness; low IQ, brain damage or evidence of intellectual disability; or significant childhood trauma, neglect or abuse (DPIC).

Texas alone has carried out about 36% of all U.S. executions since 1976, and 82% happened in the South. Our Texas death penalty guide covers who is on death row there, the next execution dates and the counties that send the most cases.

States with the most executions since 1976

Category	Value
Texas	603
Florida	142
Oklahoma	132
Virginia	113
Missouri	102
Alabama	85
Georgia	77
Ohio	56

State executions from 1976 through October 13, 2026. Source: Death Penalty Information Center execution database.

Virginia, with 113 executions, is on that list even though it abolished the death penalty in 2021, the first Southern state to do so (DPIC). Governor Ralph Northam signed the repeal on March 24, 2021.

Who Is on Death Row

About 1,900 people are on death row, and new death sentences have fallen to about two dozen a year. Juries imposed 23 death sentences in 2025, in 8 states. Of those, 7 came from juries that did not agree unanimously, which only Florida and Alabama now allow (DPIC).

Lethal injection is the main method. It accounts for 1,494 of the 1,685 executions since 1976, but states short of drugs have turned to other methods. Alabama began executing people with nitrogen gas in January 2024 and Louisiana followed in March 2025, while South Carolina carried out three executions by firing squad in 2025. Idaho made the firing squad its primary method on July 1, 2026 (DPIC).

Who is executed has drawn scrutiny of its own. DPIC counted 10 military veterans among the people executed in 2025, and 13 who had been sentenced by a jury that was not unanimous.

203 People Sentenced to Death Were Later Exonerated

The case against Richard Glossip rested on one witness. Justin Sneed admitted beating motel owner Barry Van Treese to death in Oklahoma City in 1997, and he avoided a death sentence by testifying that Glossip put him up to it. At trial, Sneed said he had never seen a psychiatrist. Prosecutors knew he had been diagnosed with bipolar disorder and prescribed lithium, and they let the false answer stand.

In Glossip v. Oklahoma, decided February 25, 2025, the Supreme Court held that this violated due process and ordered a new trial (opinion). Six justices found the violation and five ordered the new trial; Justice Gorsuch did not take part. Oklahoma’s attorney general had already told the Court the conviction could not stand. Glossip had been sentenced to death twice.

Glossip has not been exonerated, but his case shows how the others happened. For every 8 people executed since 1976, one person sentenced to death has been exonerated and freed.

Exonerated and freed Executed

Source: Death Penalty Information Center. 1,685 executions since 1976 and 203 death-row exonerations since 1973, through October 2026.

Exonerees waited a median of 11 years between conviction and exoneration. DNA evidence cleared 34 of the 203, so most of the rest came apart the way Glossip’s case did, when the evidence behind the conviction was examined again.

Official misconduct appears in 71% of death-row exonerations, and false testimony or accusations in 66%.

What went wrong in death-row exonerations since 1973

Category	Value
Official Misconduct	145
Perjury or False Accusation	134
False or Misleading Forensic Evidence	63
Inadequate Legal Defense	52
Mistaken Witness Identification	42
False Confession	35
Insufficient Evidence	21

Number of the 203 exonerations that list each reason. A case can list more than one. Source: Death Penalty Information Center innocence database.

Exonerations are not evenly spread. Florida has the most (30), followed by Illinois (23) and Texas (19), and 109 of the 203 exonerees are Black. Illinois abolished the death penalty in 2011.

Race and the Death Penalty

The race of the victim has shaped who is executed. In 78% of executions since 1976, at least one victim was white, according to DPIC’s execution records.

The Supreme Court heard that argument in 1987. Warren McCleskey, a Black man sentenced to death in Georgia, presented a study finding that defendants charged with killing white victims were 4.3 times as likely to be sentenced to death as those charged with killing Black victims. In McCleskey v. Kemp, the Court accepted the study for the sake of argument and still upheld his sentence 5-4, ruling that a defendant must prove discrimination in his own case (opinion).

That holding still governs challenges under the federal Constitution: a statistical pattern across a state is not enough, by itself, to overturn one person’s death sentence.

Landmark Supreme Court Cases

The modern death penalty was built by the Supreme Court in eight steps. The Court stopped executions in 1972 and allowed them again in 1976. It refused a statistical race challenge in 1987, barred executing people with intellectual disabilities in 2002 and people who were under 18 at the crime in 2005, and limited the death penalty for crimes against individuals to murder in 2008. In 2019 it made method challenges harder, and in 2025 it threw out Glossip’s conviction.

1. 1972 Death penalty laws struck down as applied Furman v. Georgia (source)
2. 1976 New death penalty laws upheld Gregg v. Georgia (source)
3. 1987 Racial statistics ruled not enough McCleskey v. Kemp (source)
4. 2002 No executions for intellectual disability Atkins v. Virginia (source)
5. 2005 No executions for crimes committed under 18 Roper v. Simmons (source)
6. 2008 Death limited to murder for crimes against people Kennedy v. Louisiana (source)
7. 2019 Method challenges must name an alternative Bucklew v. Precythe (source)
8. 2025 Glossip conviction thrown out Glossip v. Oklahoma (source)

Eight Supreme Court decisions that shaped the death penalty: 1972: Death penalty laws struck down as applied (Furman v. Georgia). 1976: New death penalty laws upheld (Gregg v. Georgia). 1987: Racial statistics ruled not enough (McCleskey v. Kemp). 2002: No executions for intellectual disability (Atkins v. Virginia). 2005: No executions for crimes committed under 18 (Roper v. Simmons). 2008: Death limited to murder for crimes against people (Kennedy v. Louisiana). 2019: Method challenges must name an alternative (Bucklew v. Precythe). 2025: Glossip conviction thrown out (Glossip v. Oklahoma).

1972: In Furman v. Georgia, the Court ruled 5-4, in a short unsigned opinion, that imposing the death penalty in the cases before it was unconstitutional. The justices in the majority wrote separately, and several pointed to juries with no guidance imposing it arbitrarily.

1976: In Gregg v. Georgia, the Court upheld rewritten state laws that separate the trial from the sentencing and guide the jury’s choice. Executions resumed the next year, when Utah executed Gary Gilmore on January 17, 1977 (DPIC execution database).

1987: In McCleskey v. Kemp, the Court upheld a death sentence despite a study showing large racial disparities, ruling 5-4 that the defendant had to prove discrimination in his own case.

2002: In Atkins v. Virginia, the Court ruled 6-3 that executing people with intellectual disabilities is unconstitutional. On May 21, 2026, it dismissed Hamm v. Smith, a case about how states may measure that disability, without deciding it (SCOTUSblog).

2005: In Roper v. Simmons, the Court ruled 5-4 that executing people for crimes committed before age 18 is unconstitutional.

2008: In Kennedy v. Louisiana, the Court ruled 5-4 that a state cannot sentence someone to death for raping a child when the crime did not result in the child’s death. Several states have since made some child sex crimes punishable by death, laws that DPIC notes are contrary to that ruling.

2019: In Bucklew v. Precythe, the Court ruled 5-4 that a prisoner who says an execution method would cause severe pain must point to a readily available alternative method.

2025: In Glossip v. Oklahoma, the Court ordered a new trial because prosecutors let their key witness testify falsely.

Where the 2025-2026 Fights Stand

The federal government and several states have moved to expand the death penalty since 2025, while no state has abolished it. Here is where each change stands.

Where each current death penalty change stands

As of October 8, 2026

• Federal executions and the Justice Department moratorium Agency action, moratorium lifted

  Attorney General Pam Bondi lifted the federal moratorium in February 2025. On April 24, 2026, the Justice Department said it had readopted its lethal injection protocol, added the firing squad and authorized seeking death against 44 defendants. No federal execution has taken place since January 2021. (source)

• Tennessee executions after the Christa Pike attempt Paused, through the governor's term

  On September 30, 2026, Tennessee carried out its lethal injection protocol on Christa Pike, and she survived. The Department of Correction said it followed every step of the protocol and took her to an off-site medical facility. Gov. Bill Lee paused executions for his remaining months in office and ordered a third-party review. (source)

• Faster federal review of state death sentences Proposal

  The Justice Department said on April 24, 2026 it will consider a rule letting states streamline federal habeas review of capital cases. (source)

• How states measure intellectual disability (Hamm v. Smith) Final ruling, dismissed

  On May 21, 2026, the Supreme Court dismissed Alabama's appeal as improvidently granted, without deciding it, in a vote SCOTUSblog called effectively 5-4. The order leaves in place the Eleventh Circuit's ruling that Joseph Smith is intellectually disabled. (source)

• Death penalty for child rape (Arkansas, Idaho, Oklahoma) Law, contrary to Kennedy

  Laws effective in 2025 make some child sex crimes punishable by death. DPIC notes they are contrary to Kennedy v. Louisiana. (source)

• Firing squad as Idaho's primary method Law

  Idaho HB 37 took effect July 1, 2026. (source)

• Nitrogen gas executions Law

  Used in Alabama since January 2024 and Louisiana since March 2025. Arkansas added the method effective August 5, 2025. (source)

• Federal Death Penalty Prohibition Act Proposal

  Reintroduced May 20, 2026 by Rep. Ayanna Pressley and Sen. Dick Durbin, with 20 House and 17 Senate cosponsors at introduction. (source)

For a death sentence under one of the child-rape laws to be carried out, the Supreme Court would have to reverse Kennedy v. Louisiana. DPIC reports that Florida enacted five laws in 2025 intended to expand the death penalty and challenge existing Supreme Court precedent (DPIC).

Does the Death Penalty Deter Crime

The best available review found that research cannot show whether the death penalty deters murder. In 2012 a committee of the National Research Council, part of the National Academies, concluded that “the research to date is not useful in determining the deterrent effect of the death penalty on homicide rates,” largely because studies did not account for other punishments such as life in prison (National Academies Press).

That finding cuts both ways. It does not prove the death penalty fails to deter; it says the studies claiming either result are not reliable enough to settle the question. People who support the death penalty make several other arguments that do not depend on deterrence.

The disagreement is partly about facts and partly about values. The evidence on innocence and on who is executed is well documented. Whether some crimes deserve death is a moral question that data cannot settle.

Frequently Asked Questions

What crimes can get the death penalty?

In practice, murder with aggravating factors such as killing a child, a police officer, or more than one person. Since Kennedy v. Louisiana in 2008, a state cannot impose death for a crime against a person that did not result in death. Federal law also allows death for some crimes against the nation, such as treason.

How many states have the death penalty?

27 states have it and 23 have abolished it, along with the District of Columbia. Governors in 4 of the 27 have paused executions.

Does the federal government still carry out executions?

Not yet. The federal government carried out 13 executions in 2020 and 2021, the last in January 2021, and then paused. Attorney General Pam Bondi lifted that pause in February 2025, and on April 24, 2026 the Justice Department said it had authorized seeking death against 44 defendants.

Can someone who was under 18 be executed?

No. Roper v. Simmons (2005) barred executing anyone for a crime committed before age 18.

What You Can Do

1. Find your state’s rules in the lookup above, then write your state legislators. DPIC counted abolition bills in 12 states with the death penalty in 2025, and none passed (DPIC).

2. If you live in Florida or Alabama, ask for unanimous juries. They are the only states that allow a death sentence without a unanimous jury. Our Florida letter asks lawmakers to restore unanimity and pause executions.

3. Ask candidates for district attorney whether they will seek death. Prosecutors decide which cases become capital cases, so a local election can change a county’s practice more than a state law.

4. Support innocence work. The Innocence Project and state innocence organizations review claims of wrongful conviction, and many need volunteers and donors.

5. Ask Congress to end the federal death penalty. The letter below asks your members to co-sponsor the Federal Death Penalty Prohibition Act.