Yes. The death penalty is still legal in the United States in 2026, but it is not legal everywhere and it cannot be imposed for every serious crime. Capital punishment remains authorized under federal law and in 27 states. Another 23 states have abolished it, while the District of Columbia does not have a death penalty. The U.S. military also retains capital punishment.
The legal picture is more complicated than that headline suggests. Some states that still have death-penalty statutes have paused executions for years, while a smaller group continues to carry them out regularly. Federal constitutional rules also place important limits on who can be sentenced to death and for which crimes.
How Many States Still Have the Death Penalty?
As of October 2026, 27 states retain the death penalty: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
The other 23 states have abolished capital punishment. However, simply appearing on the death-penalty list does not mean a state is actively executing prisoners. California, Oregon, and Pennsylvania, for example, have had executive pauses or moratoriums that prevent executions from going forward under current policies. Pennsylvania still has a death-penalty statute, but Governor Josh Shapiro has said he will issue reprieves while he is governor.
Is the Death Penalty Constitutional?
The U.S. Supreme Court has held that the death penalty itself is not automatically unconstitutional. In Gregg v. Georgia in 1976, the Court upheld revised capital-punishment laws that used procedures designed to reduce arbitrary sentencing.
The Eighth Amendment prohibits cruel and unusual punishments, so states must follow constitutional safeguards when seeking or carrying out a death sentence. Modern capital cases generally require a separate sentencing process in which aggravating and mitigating circumstances are considered. A death sentence may also be challenged through state and federal appeals and post-conviction proceedings.
Who Cannot Be Executed?
Supreme Court decisions have created several major limits. A person cannot be executed for a crime committed while he or she was under 18. The Court has also prohibited the execution of people with intellectual disabilities.
Capital punishment is also generally unavailable for crimes against an individual where the victim did not die. In Kennedy v. Louisiana, the Supreme Court ruled that the death penalty could not be imposed for the rape of a child when the crime did not result, and was not intended to result, in the victim’s death. Different constitutional questions can arise for crimes against the state, such as treason or espionage.
Is the Federal Death Penalty Still Legal?
Yes. Federal law continues to authorize capital punishment for certain serious federal offenses. President Donald Trump issued an executive order on January 20, 2025 directing the Justice Department to pursue and implement lawful federal death sentences more aggressively.
In April 2026, the Justice Department announced additional steps to strengthen the federal death-penalty system. These included readopting a lethal-injection protocol, expanding the federal protocol to include other execution methods such as firing squad, and changing internal procedures for capital cases.
Those policy changes do not eliminate constitutional protections or judicial review. A federal death sentence still must be imposed under applicable federal statutes and can be challenged in court.
How Are Executions Carried Out?
Lethal injection remains the most widely authorized execution method, but it is no longer the only method receiving attention. Depending on state law, some jurisdictions also authorize electrocution, firing squad, or nitrogen hypoxia. Idaho made firing squad its primary execution method effective July 1, 2026.
The method available to a particular prisoner depends on the state, the date of the offense, statutory rules, court orders, and sometimes the prisoner’s election. Legal challenges often focus on whether a particular execution protocol creates an unconstitutional risk of severe pain.
Is the Death Penalty Actually Being Used in 2026?
Yes, but executions are concentrated in a relatively small number of states. Through September 2026, executions had taken place in states including Alabama, Arizona, Florida, Oklahoma, Tennessee, and Texas. Florida and Texas have been among the most active jurisdictions.
At the same time, many states that technically retain the death penalty have not executed anyone for a decade or longer. That is why the legal status of capital punishment and its actual use are two different questions.
The Bottom Line
The death penalty is still legal in the United States in 2026. It remains authorized by federal law, the U.S. military, and 27 states. However, 23 states and the District of Columbia do not have capital punishment, and several states that retain it currently do not carry out executions.
The Supreme Court continues to permit capital punishment under the Constitution while imposing major Eighth Amendment limits on its use. Juvenile offenders and people with intellectual disabilities cannot be executed, and death sentences generally cannot be imposed for ordinary crimes against individuals when no one was killed.
So the short answer is yes, but American death-penalty law is a mix of federal rules, state statutes, constitutional restrictions, executive policies, and continuing court challenges.