Methods Of Execution

Authorized Methods by State

StateAuthorized Methods
AlabamaEffective 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)
ArizonaAuthorizes 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)
ArkansasLethal 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)
CaliforniaProvides 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.
FloridaLethal 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)
GeorgiaLethal 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.)
IdahoLethal injection is the sole method as of July 1, 2009. (Idaho Code Ann. § 19-2716)
IndianaLethal injection is the sole method. (Ind. Code Ann. § 35-38-6-1)
KansasLethal injection is the sole method. (Kan. Stat. Ann. § 22-4001)
KentuckyAuthorizes 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)
LouisianaEffective 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)
MississippiAuthorizes 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)
MissouriAuthorizes 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)
MontanaLethal injection is the sole method. (Mont. Code Ann. § 46-19-103)
NebraskaLethal 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.)
NevadaLethal 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 MexicoLethal 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 CarolinaLethal injection is the sole method. (N.C. Gen. Stat. Ann. § 15-188)
OhioLethal injection is the sole method. (Ohio Rev. Code. Ann. § 2949.22)
OklahomaAuthorizes 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)
OregonLethal injection is the sole method. (Or. Rev. Stat. Ann. § 137.473)
PennsylvaniaLethal injection is the sole method. (61 Pa. Stat. and Cons. Stat. Ann. § 4304)
South CarolinaAllows prisoners to choose between lethal injection and electrocution. If a prisoner does not choose, then the default method will be electrocution for those sentenced prior to June 8, 1995 (the effective date of the law) and lethal injection for those sentenced on or after June 8, 1995. If lethal injection is held to be unconstitutional, then electrocution will be used. (S.C. Code Ann. § 24-3-530)
South DakotaLethal injection is the sole method. (S.D. Codified Laws § 23A-27A-32.1)
TennesseeAuthorizes 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)
TexasLethal injection is the sole method.
UtahAuthorizes 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)
WyomingAuthorizes lethal gas if lethal injection is held to be unconstitutional. (Wyo. Stat. Ann. § 7-13-904)
U.S. MilitaryLethal injection is the sole method.
U.S. GovernmentLethal 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.

Sources

Bureau of Justice Statistics, Capital Punishment 2011; updat­ed by DPIC.