As of 2025, 27 states in the United States 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 is still often listed due to historical executions)
• Wyoming

Some states like California, Oregon, and Pennsylvania have moratoriums on executions despite having the death penalty legally. Several other states have abolished it altogether. Therefore, 27 states currently permit the death penalty, though the frequency and application of it vary significantly among those states.