Courts & Law Tracker
Death Penalty by State (2026)
Which states can still impose a death sentence? This guide sorts all 50 states into three groups: those that retain capital punishment, those that retain it but where a governor has paused executions, and those that have abolished it. Status only — the table records what the law is, not a position on it.
Updated
The three categories
Classifications follow the framework of Death Penalty Information Center, the reference most newsrooms use for capital-punishment status. A state counts as retaining the death penalty if the sentence remains authorised by law, even where a governor has paused executions — a hold is not a repeal.
- Retains the death penalty. Capital punishment is authorised by state law and no statewide executive hold is in force.
- Retains it, executions paused. The death penalty remains on the books, but a governor has halted executions. The statute is unchanged, so the pause can end with a change of administration.
- Abolished. The state has no death penalty. The year shown is the year of abolition.
The 50-state table
| State | Access | Main program(s) |
|---|---|---|
| Alabama | Retains the death penalty | Retains the death penalty. |
| Alaska | Abolished | Abolished in 1957. |
| Arizona | Retains the death penalty | Retains the death penalty. |
| Arkansas | Retains the death penalty | Retains the death penalty. |
| California | Retains it, executions paused | Retains the death penalty; governor ordered a halt to executions in 2019. |
| Colorado | Abolished | Abolished in 2020. |
| Connecticut | Abolished | Abolished in 2012. |
| Delaware | Abolished | Abolished in 2016. |
| Florida | Retains the death penalty | Retains the death penalty. |
| Georgia | Retains the death penalty | Retains the death penalty. |
| Hawaii | Abolished | Abolished in 1957. |
| Idaho | Retains the death penalty | Retains the death penalty. |
| Illinois | Abolished | Abolished in 2011. |
| Indiana | Retains the death penalty | Retains the death penalty. |
| Iowa | Abolished | Abolished in 1965. |
| Kansas | Retains the death penalty | Retains the death penalty. |
| Kentucky | Retains the death penalty | Retains the death penalty. |
| Louisiana | Retains the death penalty | Retains the death penalty. |
| Maine | Abolished | Abolished in 1887. |
| Maryland | Abolished | Abolished in 2013. |
| Massachusetts | Abolished | Abolished in 1984. |
| Michigan | Abolished | Abolished in 1847 — the first state to do so. |
| Minnesota | Abolished | Abolished in 1911. |
| Mississippi | Retains the death penalty | Retains the death penalty. |
| Missouri | Retains the death penalty | Retains the death penalty. |
| Montana | Retains the death penalty | Retains the death penalty. |
| Nebraska | Retains the death penalty | Retains the death penalty. |
| Nevada | Retains the death penalty | Retains the death penalty. |
| New Hampshire | Abolished | Abolished in 2019. |
| New Jersey | Abolished | Abolished in 2007. |
| New Mexico | Abolished | Abolished in 2009. |
| New York | Abolished | Abolished in 2007. |
| North Carolina | Retains the death penalty | Retains the death penalty. |
| North Dakota | Abolished | Abolished in 1973. |
| Ohio | Retains it, executions paused | Retains the death penalty; governor announced in 2020 that no executions would proceed during his tenure. |
| Oklahoma | Retains the death penalty | Retains the death penalty. |
| Oregon | Retains it, executions paused | Retains the death penalty; a governor's hold on executions has continued since 2011. |
| Pennsylvania | Retains it, executions paused | Retains the death penalty; a governor's hold has continued since 2015. |
| Rhode Island | Abolished | Abolished in 1984. |
| South Carolina | Retains the death penalty | Retains the death penalty. |
| South Dakota | Retains the death penalty | Retains the death penalty. |
| Tennessee | Retains the death penalty | Retains the death penalty. |
| Texas | Retains the death penalty | Retains the death penalty. |
| Utah | Retains the death penalty | Retains the death penalty. |
| Vermont | Abolished | Abolished in 1972. |
| Virginia | Abolished | Abolished in 2021 — the first Southern state to do so. |
| Washington | Abolished | Abolished in 2023. |
| West Virginia | Abolished | Abolished in 1965. |
| Wisconsin | Abolished | Abolished in 1853. |
| Wyoming | Retains the death penalty | Retains the death penalty. |
No states in this category.
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"Death Penalty by State (2026)," The Liberty Tribune, https://thelibertytribune.com/trackers/death-penalty-by-state/ Methodology & sources
Status follows Death Penalty Information Center, which maintains the standard state-by-state record of capital punishment in the United States. States are grouped three ways: the death penalty is authorised and executions may proceed; it is authorised but a governor has halted executions by executive action; or it has been abolished, with the year shown. An executive hold leaves the statute intact and can end with a change of administration, so those states are counted as retaining the penalty rather than as having abolished it.
Compiled by The Liberty Tribune from Death Penalty Information Center, as of September 2026. Last verified September 8, 2026. Status can change through legislation, court ruling or executive action — this table records what the law is, not a position on it. A reference guide, not legal or financial advice; confirm program eligibility and deadlines with your state's official program.
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