As of 2025, 27 U.S. states currently have the death penalty. These states are:
- Alabama
- Arizona
- Arkansas
- California
- Florida
- Georgia
- Idaho
- Indiana
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- North Carolina
- Ohio (unofficial moratorium since 2019)
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia (abolished in 2021, but included in some lists for recent history)
- Wyoming
Some states like Colorado, Oregon, and Pennsylvania have moratoriums on executions despite technically having the death penalty on the books. A total of 23 states along with Washington D.C. have abolished the death penalty.