{"id":352260,"date":"2023-11-28T08:59:34","date_gmt":"2023-11-28T13:59:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/death-penalty-laws-by-state.html"},"modified":"2026-01-21T08:58:00","modified_gmt":"2026-01-21T13:58:00","slug":"death-penalty-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/death-penalty-laws-by-state.html","title":{"rendered":"Death Penalty Laws by State"},"content":{"rendered":"\n
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Death Penalty Laws by State<\/h1>\n\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

State laws affect what penalties you might face for a crime. Only some states let judges and juries issue a death sentence after a conviction. Their laws limit when it can apply. Other states don’t allow the death penalty for any criminal case.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Below you’ll find a list of death penalty laws in all 50 states and the District of Columbia. See which states allow capital punishment. You can also find the year the state abolished the death penalty (if applicable) and each state’s approved methods of execution.<\/p>\n

Remember, capital punishment laws<\/a> are changing at a rapid pace. Be sure to check with a qualified criminal defense attorney<\/a> in your area if you or someone you love is facing the death penalty.<\/p>\n\n\n\n

State Capital Punishment Laws Table<\/h2>\n\n\n
\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n
State<\/th>\n Is the Death Penalty Allowed?<\/th>\n Approved Method(s) of Execution<\/th>\n <\/tr>\n
Alabama<\/td>\n Yes, the death penalty is legal in Alabama.<\/td>\n Alabama uses lethal injection and nitrogen gas (nitrogen hypoxia).<\/td>\n <\/tr>\n
Alaska<\/td>\n No, Alaska’s death penalty was abolished in 1957.<\/td>\n N\/A<\/td>\n <\/tr>\n
Arizona<\/td>\n Yes, the death penalty is legal in Arizona.<\/td>\n Arizona allows lethal injection with secondary methods in limited circumstances.<\/td>\n <\/tr>\n
Arkansas<\/td>\n Yes, the death penalty is legal in Arkansas.<\/td>\n Arkansas allows lethal injection and nitrogen gas\/nitrogen hypoxia.<\/td>\n <\/tr>\n
California<\/td>\n California’s statutes allow the death penalty, but Gov. Gavin Newsom put a moratorium on the death penalty in 2019.<\/td>\n California statutes allow lethal injection with secondary methods in limited circumstances.<\/td>\n <\/tr>\n
Colorado<\/td>\n No, Colorado abolished the death penalty in 2020.<\/td>\n N\/A<\/td>\n <\/tr>\n
Connecticut<\/td>\n No, Connecticut abolished the death penalty in 2012.<\/td>\n N\/A<\/td>\n <\/tr>\n
Delaware<\/td>\n No, Delaware’s supreme court ruled the death penalty to be unconstitutional in 2016.<\/td>\n N\/A<\/td>\n <\/tr>\n
District of Columbia<\/td>\n No, D.C. abolished the death penalty in 1981.<\/td>\n N\/A<\/td>\n <\/tr>\n
Florida<\/td>\n Yes, the death penalty is legal in Florida.<\/td>\n Florida uses lethal injection. An offender can also request electrocution.<\/td>\n <\/tr>\n
Georgia<\/td>\n Yes, the death penalty is legal in Georgia.<\/td>\n Georgia allows lethal injection.<\/td>\n <\/tr>\n
Hawaii<\/td>\n No, Hawaii abolished the death penalty in 1957.<\/td>\n N\/A<\/td>\n <\/tr>\n
Idaho<\/td>\n Yes, the death penalty is legal in Idaho.<\/td>\n Idaho allows lethal injection for most executions but firing squad is the primary method under certain conditions.<\/td>\n <\/tr>\n
Illinois<\/td>\n No, Illinois abolished the death penalty in 2011.<\/td>\n N\/A<\/td>\n <\/tr>\n
Indiana<\/td>\n Yes, the death penalty is legal in Indiana.<\/td>\n Indiana allows lethal injection.<\/td>\n <\/tr>\n
Iowa<\/td>\n No, Iowa abolished the death penalty in 1965.<\/td>\n N\/A<\/td>\n <\/tr>\n
Kansas<\/td>\n Yes, the death penalty is legal in Kansas.<\/td>\n Kansas allows lethal injection.<\/td>\n <\/tr>\n
Kentucky<\/td>\n Yes, the death penalty is legal in Kentucky.<\/td>\n Kentucky allows lethal injection. An offender sentenced before the introduction of lethal injection can choose to be electrocuted.<\/td>\n <\/tr>\n
Louisiana<\/td>\n Yes, the death penalty is legal in Louisiana.<\/td>\n Louisiana allows lethal injection and gas-based methods (including nitrogen).<\/td>\n <\/tr>\n
Maine<\/td>\n No, Maine abolished the death penalty in 1887.<\/td>\n N\/A<\/td>\n <\/tr>\n
Maryland<\/td>\n No, Maryland abolished the death penalty in 2013.<\/td>\n N\/A<\/td>\n <\/tr>\n
Massachusetts<\/td>\n No, Massachusetts’ highest court ruled the death penalty to be unconstitutional in 1984.<\/td>\n N\/A<\/td>\n <\/tr>\n
Michigan<\/td>\n No, Michigan abolished the death penalty in 1963.<\/td>\n N\/A<\/td>\n <\/tr>\n
Minnesota<\/td>\n No, Minnesota abolished the death penalty in 1911.<\/td>\n N\/A<\/td>\n <\/tr>\n
Mississippi<\/td>\n Yes, the death penalty is legal in Mississippi.<\/td>\n Mississippi allows lethal injection or nitrogen hypoxia, then electrocution if those are unavailable, and firing squad if all other methods are unavailable.<\/td>\n <\/tr>\n
Missouri<\/td>\n Yes, the death penalty is legal in Missouri.<\/td>\n Missouri allows lethal injection and gas inhalation.<\/td>\n <\/tr>\n
Montana<\/td>\n Yes, the death penalty is legal in Montana. <\/td>\n Montana allows lethal injection. However, there is a continuing moratorium on this method as the state has not established a lethal injection procedure that meets statutory requirements.<\/td>\n <\/tr>\n
Nebraska<\/td>\n Yes, the death penalty is legal in Nebraska.<\/td>\n Nebraska allows lethal injection.<\/td>\n <\/tr>\n
Nevada<\/td>\n Yes, the death penalty is legal in Nevada.<\/td>\n Nevada allows lethal injection.<\/td>\n <\/tr>\n
New Hampshire<\/td>\n No, New Hampshire abolished the death penalty in 2019. <\/td>\n N\/A<\/td>\n <\/tr>\n
New Jersey<\/td>\n No, New Jersey abolished the death penalty in 2007.<\/td>\n N\/A<\/td>\n <\/tr>\n
New Mexico<\/td>\n No, New Mexico abolished the death penalty in 2009.<\/td>\n N\/A<\/td>\n <\/tr>\n
New York<\/td>\n No, New York abolished the death penalty in 2007.<\/td>\n N\/A<\/td>\n <\/tr>\n
North Carolina<\/td>\n Yes, the death penalty is legal in North Carolina.<\/td>\n North Carolina allows lethal injection, electrocution, and lethal gas. <\/td>\n <\/tr>\n
North Dakota<\/td>\n No, North Dakota abolished the death penalty in 1973.<\/td>\n N\/A<\/td>\n <\/tr>\n
Ohio<\/td>\n Yes, the death penalty is legal in Ohio.<\/td>\n Ohio allows lethal injection. <\/td>\n <\/tr>\n
Oklahoma<\/td>\n Yes, the death penalty is legal in Oklahoma.<\/td>\n Oklahoma allows lethal injection with secondary methods, including nitrogen hypoxia, electrocution, and firing squad in certain situations.<\/td>\n <\/tr>\n
Oregon<\/td>\n Oregon’s statutes allow the death penalty, but in 2011, Gov. John Kitzhaber placed a moratorium on executions.<\/td>\n Oregon statutes allow lethal injection.<\/td>\n <\/tr>\n
Pennsylvania<\/td>\n Pennsylvania’s statutes allow the death penalty, but a moratorium was put in place in 2015 and in 2023 Gov. Shapiro called for abolishment<\/td>\n Pennsylvania statutes allow lethal injection.<\/td>\n <\/tr>\n
Rhode Island<\/td>\n No, the death penalty was abolished in 1984 after the Supreme Court ruled it unconstitutional in 1979.<\/td>\n N\/A<\/td>\n <\/tr>\n
South Carolina<\/td>\n Yes, the death penalty is legal in South Carolina.<\/td>\n South Carolina allows prisoners to choose between electrocution, firing squad, and lethal injection.<\/td>\n <\/tr>\n
South Dakota<\/td>\n Yes, the death penalty is legal in South Dakota.<\/td>\n South Dakota allows lethal injection.<\/td>\n <\/tr>\n
Tennessee<\/td>\n Yes, the death penalty is legal in Tennessee.<\/td>\n Tennessee allows lethal injection with secondary methods in limited circumstances.<\/td>\n <\/tr>\n
Texas<\/td>\n Yes, the death penalty is legal in Texas.<\/td>\n Texas allows lethal injection.<\/td>\n <\/tr>\n
Utah<\/td>\n Yes, the death penalty is legal in Utah.<\/td>\n Utah allows lethal injection, with firing squad as a secondary method under certain circustmances.<\/td>\n <\/tr>\n
Vermont<\/td>\n Vermont abolished the death penalty in 1987.<\/td>\n N\/A<\/td>\n <\/tr>\n
Virginia<\/td>\n No, Virginia abolished the death penalty in 2021.<\/td>\n N\/A<\/td>\n <\/tr>\n
Washington<\/td>\n Washington abolished the death penalty in 2023. It had previously been ruled unconstitutional in 2018.<\/td>\n N\/A<\/td>\n <\/tr>\n
West Virginia<\/td>\n West Virginia abolished the death penalty in 1965.<\/td>\n N\/A<\/td>\n <\/tr>\n
Wisconsin<\/td>\n Wisconsin abolished the death penalty in 1953.<\/td>\n N\/A<\/td>\n <\/tr>\n
Wyoming<\/td>\n Yes, the death penalty is legal in Wyoming.<\/td>\n Wyoming allows lethal injection. Lethal gas inhalation is a backup method should lethal injection be held unconstitutional.<\/td>\n <\/tr>\n <\/table>\n<\/div>\n\n\n\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Death Penalty: A Hot-Button Issue<\/h2>\n

The death penalty continues to be a hot-button issue in the United States. Over the years, its viability as a method of punishment has come under fire by numerous groups for various reasons. Should we punish our most serious offenders with the most serious consequence of\u00a0ending their lives with a death sentence?<\/p>\n

While a 2016 poll by the Pew Research Center found that\u00a049% of Americans supported the death penalty<\/a>, support ticked up in 2018 to\u00a054% in favor of the death penalty<\/a>. Support for the death penalty increased further to\u00a060% of American adults<\/a> in 2021. However, a 2025 Gallup poll<\/a> shows support declining with 52% of Americans supporting the death penalty.\u00a0<\/p>\n

Wherever you stand on the issue, keep in mind that each state has its own death penalty laws and ways of implementing them.<\/p>\n

Narrowing of the Death Penalty<\/h2>\n

The U.S. Supreme Court has narrowed the application of the death penalty in several cases. The Court made use of the death penalty as a form of punishment harder across the board.<\/p>\n

For instance, in\u00a0Atkins v. Virginia<\/i><\/a>,\u00a0<\/i>the Court found the execution of mentally disabled offenders constituted cruel and unusual punishment. Therefore, such executions violate mentally disabled offender’s Eighth Amendment rights.<\/p>\n

Additionally, in\u00a0Roper v. Simmons<\/i><\/a>,\u00a0<\/i>the Court\u00a0<\/i>established juvenile offenders cannot face the death penalty. This aligns with international\u00a0human rights<\/a>,\u00a0which prohibit a sentence of death for an offender younger than 18 years at the time of the offense.<\/p>\n

Methods of Execution<\/h2>\n

Lethal injection is the primary method of execution in most states which allow for the death penalty, with some states now prioritizing or actively preparing alternative methods such as nitrogen hypoxia or firing squad when lethal injection is unavailable.<\/p>\n

Secondary methods of execution include:<\/p>\n