Death Penalty in the United States: State-by-State Guide

Capital punishment in the United States is not one uniform system. As of October 2026, 27 states retain the death penalty, while the federal government and U.S. military also retain it. Four retentionist states — California, Ohio, Oregon and Pennsylvania — are listed by the Death Penalty Information Center as having executive holds or pauses on executions.

The 27 states that retain the death penalty

– Alabama — Alabama authorizes lethal injection, nitrogen hypoxia and electrocution, with statutory fallback rules if a method becomes unavailable or unconstitutional. – Arizona — Arizona uses lethal injection as the default method; some prisoners sentenced before November 15, 1992 may select lethal gas. – Arkansas — Arkansas primarily uses lethal injection, with electrocution as a statutory fallback; legislation enacted in 2025 also authorized nitrogen gas. – California — California retains the death penalty in law, but executions have been under an executive moratorium since 2019. The statute provides lethal injection unless the prisoner requests lethal gas. – Florida — Florida uses lethal injection by default and allows a condemned prisoner to elect electrocution in writing. – Georgia — Georgia authorizes lethal injection as its sole execution method. – Idaho — Since July 1, 2026, Idaho makes the firing squad its primary execution method, with lethal injection secondary. – Indiana — Indiana authorizes lethal injection as its sole execution method. – Kansas — Kansas authorizes lethal injection as its sole execution method. – Kentucky — Kentucky generally uses lethal injection; certain prisoners whose offenses predate April 1998 may select electrocution. – Louisiana — Louisiana authorizes lethal injection, nitrogen hypoxia and electrocution; the corrections secretary provides notice of the method for a scheduled execution. – Mississippi — Mississippi law creates a fallback sequence from lethal injection to nitrogen hypoxia, electrocution and then firing squad when preceding methods are unavailable or unconstitutional. – Missouri — Missouri law authorizes lethal injection or lethal gas. – Montana — Montana authorizes lethal injection as its statutory execution method. – Nebraska — Nebraska authorizes lethal injection; electrocution was struck down by the Nebraska Supreme Court in 2008. – Nevada — Nevada authorizes lethal injection as its sole execution method. – North Carolina — North Carolina retains capital punishment and lethal injection remains the core execution method in the state statutory framework. – Ohio — Ohio retains the death penalty, but Governor Mike DeWine said in 2025 that he did not anticipate executions during the remainder of his governorship through 2026. – Oklahoma — Oklahoma law provides a fallback sequence from lethal injection to nitrogen hypoxia, electrocution and firing squad. – Oregon — Oregon retains a narrowed death-penalty statute, but executions remain under an executive hold; all then-existing death sentences were commuted in 2022. – Pennsylvania — Pennsylvania retains the death penalty in law, while an executive hold on executions has continued under Governor Josh Shapiro. – South Carolina — South Carolina uses electrocution as the default when a prisoner does not make a valid election, while firing squad and lethal injection are available choices under state law. – South Dakota — South Dakota authorizes lethal injection as its sole execution method. – Tennessee — Tennessee generally uses lethal injection, with electrocution available for certain older cases and as a fallback; after the failed 2026 execution of Christa Pike, the governor halted the remaining 2026 execution while ordering a review. – Texas — Texas authorizes lethal injection as its execution method. – Utah — Utah primarily uses lethal injection, with firing squad available in defined circumstances, including drug unavailability and for some prisoners sentenced before May 3, 2004. – Wyoming — Wyoming uses lethal injection and authorizes lethal gas if lethal injection is held unconstitutional.

Why state-level pages matter

Two states can both legally retain the death penalty while operating very differently. One may actively issue warrants and carry out executions; another may have an executive moratorium. One may use only lethal injection; another may authorize electrocution, firing squad, nitrogen hypoxia or lethal gas as alternatives or fallbacks. Housing for death-sentenced prisoners may also be separate from the execution chamber.

Connected archives

This hub is designed to be read alongside Execution Methods in the United States, Death Penalty Prisons and Execution Facilities in the United States, Landmark Death Penalty Cases in the United States, and the Botched Executions in the United States archive.

Together these layers turn an isolated execution story into a navigable historical and legal graph.

Sources and update policy

The retentionist-state list and executive-hold status are based on the Death Penalty Information Center's current state-by-state database. Authorized methods are tracked separately because statutes and corrections protocols can change. State pages should be re-audited when a legislature changes its execution law, a governor imposes or lifts a hold, or a corrections agency changes its execution protocol.

Sources

– Death Penalty Information Center — State by State. – Death Penalty Information Center — Authorized Methods by State.