The American states that have the death penalty as of 2025 number around 24 to 27 states, depending on sources and the inclusion of moratoriums. Here is a list of states that permit the death penalty or have it active/allowed:
- Alabama
- Arizona
- Arkansas
- 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
- Wyoming
Additionally, some states have a moratorium on executions but still have the death penalty legally on the books, including California, Oregon, and Pennsylvania. Several states have abolished the death penalty completely, including Virginia (abolished in 2021), Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Washington, West Virginia, and Wisconsin. Among states with the death penalty, Texas leads in executions since 1976, followed by Oklahoma, Florida, and Missouri. Some states have very few executions or have not carried out executions recently despite having the death penalty legally. In total, about 24 to 27 states currently allow the death penalty, but practices and moratoriums vary significantly across them.
