Methods Of Execution
Authorized Methods by State
| State | Authorized Methods |
|---|---|
| Alabama | Effective 7/1/18, lethal injection will be administered unless the prisoner affirmatively chooses nitrogen hypoxia or electrocution “in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death.” “If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection.” If lethal injection “is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia.” (Ala. Code § 15-18-82.1) “If electrocution, nitrogen hypoxia, and lethal injection are all held to be unconstitutional …, then all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution based on the sole discretion of the Commissioner of the Department of Corrections.” (Ala. Code § 15-18-82.1.c) |
| Arizona | Authorizes lethal injection for persons sentenced after 11/15/92; those sentenced before that date may select lethal injection or lethal gas. If a person does not choose, lethal injection will be used. (Ariz. Rev. Stat. § 13-757) |
| Arkansas | Lethal injection is the method unless it is “invalidated by a final and unappealable court order” and then the execution shall be electrocution. (Ark. Code Ann. § 5-4-617) |
| California | Provides that lethal injection be administered unless the prisoner requests lethal gas. If a person does not choose, lethal injection will be used. (Cal. Penal Code § 3604) |
| Colorado* | Lethal injection is the sole method. (Colo. Rev. Stat. § 18-1.3-1202) |
| Delaware** | Lethal Injection is the sole method. (Del. Code Ann. tit. 11 § 4209) Hanging was an alternative for those whose offense occurred prior to 6/13/86, but as of July 2003 no inmates on death row were eligible to choose this alternative and Delaware dismantled its gallows. |
| Florida | Lethal injection will be administered unless the prisoner affirmatively chooses electrocution ” in writing and delivered to the warden of the correctional facility within 30 days after the issuance of mandate pursuant to a decision by the Florida Supreme Court affirming the sentence of death.” If lethal injection or electrocution is found to be unconstitutional, then any constitutional method will be administered. (Fla. Stat. Ann. § 922.105) |
| Georgia | Lethal injection is the sole method. (Ga. Code Ann. § 17-10-38) (On October 5, 2001, the Georgia Supreme Court held that the electric chair was cruel and unusual punishment and struck down the state’s use of the method.) |
| Idaho | Lethal injection is the sole method as of July 1, 2009. (Idaho Code Ann. § 19-2716) |
| Indiana | Lethal injection is the sole method. (Ind. Code Ann. § 35-38-6-1) |
| Kansas | Lethal injection is the sole method. (Kan. Stat. Ann. § 22-4001) |
| Kentucky | Authorizes lethal injection for those convicted after March 31, 1998; those who committed the offense before that date may select lethal injection or electrocution. If no choice is made “at least twenty (20) days before the scheduled execution, the method shall be by lethal injection.” (Ky. Rev. Stat. Ann. § 431.220) |
| Louisiana | Effective 7/1/2024, authorizes lethal injection, nitrogen hypoxia, or electrocution. “Upon receipt of the warrant commanding the [Secretary of the Department of Public Safety and Corrections] to cause the execution of the person condemned as provided by law, the secretary shall, within seven days, provide written notice to the condemned person of the manner of execution.” (La. Stat. Ann. § 15:569) |
| Mississippi | Authorizes use of nitrogen hypoxia if either lethal injection is held unconstitutional or “otherwise unavailable”; then authorizes electrocution if nitrogen hypoxia and lethal injection are held unconstitutional or “otherwise unavailable”; finally authorizes firing squad if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or “otherwise unavailable.” (Miss. Code Ann. § 99-19-51) |
| Missouri | Authorizes lethal injection or lethal gas; the statute leaves unclear who decides what method to use, the inmate or the Director of the Missouri Department of Corrections. (Mo. Ann. Stat. § 546.720) |
| Montana | Lethal injection is the sole method. (Mont. Code Ann. § 46-19-103) |
| Nebraska | Lethal injection is the sole method. (Neb. Rev. Stat. Ann. § 83-964) (Electrocution was the sole method until the Nebraska Supreme Court ruled the method unconstitutional in February 2008. In May 2009, the Nebraska Legislature approved lethal injection.) |
| Nevada | Lethal injection is the sole method. (Nev. Rev. Stat. Ann. §176.355) |
| New Hampshire*** | Lethal injection but allows hanging “if for any reason the commissioner [of corrections] finds it to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging.” (N.H. Rev. Stat. Ann. § 630.5) |
| New Mexico | Lethal injection was the sole method. New Mexico abolished the death penalty in 2009. However, the act is not retroactive, leaving two people on the state’s death row. |
| North Carolina | Lethal injection is the sole method. (N.C. Gen. Stat. Ann. § 15-188) |
| Ohio | Lethal injection is the sole method. (Ohio Rev. Code. Ann. § 2949.22) |
| Oklahoma | Authorizes use of nitrogen hypoxia if either lethal injection is held unconstitutional or “otherwise unavailable”; then authorizes electrocution if nitrogen hypoxia and lethal injection are held unconstitutional or “otherwise unavailable”; finally authorizes firing squad if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or “otherwise unavailable.” (Okla. Stat. Ann. tit. 22 § 1014) |
| Oregon | Lethal injection is the sole method. (Or. Rev. Stat. Ann. § 137.473) |
| Pennsylvania | Lethal injection is the sole method. (61 Pa. Stat. and Cons. Stat. Ann. § 4304) |
| South Carolina | A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted person waives the right of election, then the penalty must be administered by electrocution. (S.C. Code Ann. § 24-3-530) |
| South Dakota | Lethal injection is the sole method. (S.D. Codified Laws § 23A-27A-32.1) |
| Tennessee | Authorizes lethal injection for those whose capital offense occurred after December 31, 1998; those who committed the offense before that date may select electrocution by written waiver. If lethal injection is held to be unconstitutional or if the lethal substances are unavailable, then electrocution will be used. If both lethal injection and electrocution is held to be unconstitutional, then “any constitutional method of execution” will be used. (Tenn. Code Ann. § 40-23-114) |
| Texas | Lethal injection is the sole method. |
| Utah | Authorizes the use of the firing squad if lethal-injection drugs are unavailable or if lethal injection is held to be unconstituitonal. Also, if a prisoner was sentenced to death before May 3, 2004, he may chose firing squad as the method of execution. (Utah Code Ann. § 77-18-5.5) |
| Virginia**** | Allows prisoners to choose between lethal injection and electrocution. “In the event the prisoner refuses to make a choice at least 15 days prior to the scheduled execution, the method of execution shall be by lethal injection.” (Va. Code Ann. § 53.1-234) |
| Washington***** | Provides that lethal injection be administered unless the inmate requests hanging. (Wash. Rev. Code Ann. § 10.95.180) |
| Wyoming | Authorizes lethal gas if lethal injection is held to be unconstitutional. (Wyo. Stat. Ann. § 7-13-904) |
| U.S. Military | Lethal injection is the sole method. |
| U.S. Government | Lethal injection is the sole method. (28 C.F.R. § 26.3) |
*Colorado abolished the death penalty prospectively on March 23, 2020, and those on death row at that time had their sentences commuted.
**In 2016, the Delaware Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole.
***New Hampshire abolished the death penalty in May 2019, but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution.
****Virginia abolished the death penalty on March 24, 2021, and those on death row at that time had their sentences commuted.
*****In 2018, the Washington Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole. In April 2023, Governor Jay Inslee signed legislation removing capital punishment statutes from state law.
Sources
Bureau of Justice Statistics, Capital Punishment 2011; updated by DPIC.