As of 2025, the death penalty is allowed in 27 U.S. states. These states are:

• Alabama
• Arizona
• Arkansas
• California (with a moratorium on executions)
• Florida
• Georgia
• Idaho
• Indiana
• Kansas
• Kentucky
• Louisiana
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• North Carolina
• Ohio (with an unofficial moratorium since 2019)
• Oklahoma
• Oregon (with a moratorium)
• Pennsylvania (with a moratorium)
• South Carolina
• South Dakota
• Tennessee (with a moratorium)
• Texas
• Utah
• Wyoming

Some of these states have active executions, while others have imposed moratoriums or pauses on executing death sentences. Twenty-three states have abolished the death penalty altogether. The death penalty laws and practices vary widely among the states that still allow it, including differences in frequency of use and legal restrictions.