Death Penalty States 2026

Death Penalty Status by State

Death penalty laws vary widely across the United States. Some states still permit capital punishment for certain crimes, while others have abolished it entirely. A few states fall in between, keeping the death penalty in their statutes but suspending executions through a governor-issued moratorium.

The table above shows each state’s current status. States marked “Yes” allow the death penalty under their criminal laws, while those marked “No” have abolished it. States labeled “Moratorium” or “Unofficial Moratorium” still have capital punishment laws in place but are not currently carrying out executions.

States with Execution Moratoriums

In some states, the death penalty is still authorized under law but executions are currently paused. These pauses are known as moratoriums and are typically issued by a governor or implemented through state policy. While the death penalty technically remains part of the state’s criminal code, the moratorium prevents executions from taking place.

States marked “Moratorium” or “Unofficial Moratorium” in the table fall into this category. In practice, this means courts may still sentence individuals to death, but executions are not currently carried out while the moratorium remains in effect.

States That Have Abolished the Death Penalty

Many states have chosen to abolish the death penalty entirely, removing capital punishment from their criminal statutes. In these states, courts cannot sentence someone to death, and life imprisonment or other penalties are used instead for the most serious crimes.

States marked “No” in the table have eliminated the death penalty through legislation or court rulings. The dataset also includes the year the death penalty was abolished, showing how different states have phased out capital punishment over time.

Execution Totals and Recent Executions

Executions in the United States vary widely from state to state. Some states have carried out a large number of executions since the modern era of capital punishment resumed, while others have used the death penalty only rarely or not at all.

Recent executions remain concentrated in a relatively small group of states that continue to actively enforce capital punishment. In many other states where the death penalty is still permitted, executions occur infrequently or have not taken place for many years.