Does the United States have the death penalty?

Source

Taken from

Wikipedia: Capital punishment by country

Last checked

15 September 2026

How it was classified

Read directly from the source’s own table, without interpretation.

State by state

Alabama

Retained / in use The death penalty is legal and actively used in Alabama.

Arizona

Retained / in use The death penalty is legal and actively used in Arizona.

Arkansas

Retained / in use The death penalty is legal and actively used in Arkansas.

California

Not used in practice California has had a moratorium on executions in place since 2006, with an additional governor-imposed moratorium starting in 2019.

Florida

Retained / in use The death penalty is legal and actively used in Florida.

Georgia

Retained / in use The death penalty is legal and actively used in Georgia, US.

Idaho

Not used in practice Idaho has not carried out an execution since 2012, with two attempted executions in 2024 being stayed.

Indiana

Retained / in use The death penalty is legal and actively used in Indiana.

Kansas

Not used in practice Kansas has not carried out an execution since 1965, and although the death penalty was reinstated in 1994, it is currently not being used.

Kentucky

Not used in practice Kentucky has a moratorium on executions due to a court-ordered suspension.

Louisiana

Retained / in use The death penalty is legal and actively used in Louisiana.

Michigan

Fully abolished The death penalty was abolished in law for ordinary/civilian crimes in Michigan.

Mississippi

Retained / in use The death penalty is legal and actively used in Mississippi.

Missouri

Retained / in use The death penalty is legal and actively used in Missouri.

Montana

Fully abolished Montana has effectively abolished the death penalty due to a court ruling.

Nebraska

Retained / in use The death penalty is legal and actively used in Nebraska.

Nevada

Not used in practice No executions have taken place in Nevada since 2006, indicating a de facto abolition of the death penalty.

North Carolina

Not used in practice Executions are suspended in North Carolina due to a state law requiring physician participation.

Ohio

Not used in practice Ohio has a de facto moratorium on executions due to the lack of specified alternative methods.

Oklahoma

Retained / in use The death penalty is legal and actively used in Oklahoma.

Oregon

Not used in practice Oregon has a moratorium on executions, with no prisoners currently under a death sentence.

Pennsylvania

Not used in practice The death penalty is currently suspended in Pennsylvania due to ongoing moratoriums.

South Carolina

Retained / in use The death penalty is legal and actively used in South Carolina.

South Dakota

Retained / in use The death penalty is legal and actively used in South Dakota.

Tennessee

Retained / in use The death penalty is legal and actively used in Tennessee.

Texas

Retained / in use The death penalty is legal and actively used in Texas.

Utah

Retained / in use The death penalty is legal and actively used in Utah.

Wyoming

Fully abolished Wyoming has not carried out an execution since 1992 and has no prisoners on death row.

Nearby countries

Bahamas

Retained / in use Retained in law and used.

Mexico

Fully abolished Fully abolished for all crimes.

Canada

Fully abolished Fully abolished for all crimes.

Cuba

Retained / in use Retained in law and used.

Belize

Retained / in use Retained in law and used.

Guatemala

Abolished for ordinary crimes Abolished for ordinary crimes; retained for exceptional crimes such as those under military law.

Other laws in United States

Gun Laws

Varies by region

School Corporal Punishment

Varies by region

Military Conscription

No conscription

Jury Trials

Jury trials used

Every law in the United States → · Which countries have the death penalty? →