Does the United States have the death penalty?

Retained / in use

Retained in law and used.

The United States is one of 54 countries classified “Retained / in use” for the death penalty — 28% of the 196 with data. (Also searched as capital punishment.)

Source

Taken from
Wikipedia: Capital punishment by country
Last checked
17 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 executions are not suspended.
Alaska
Fully abolished Alaska abolished the death penalty in 1957.
Arizona
Retained / in use The death penalty is legal and executions are not suspended.
Arkansas
Retained / in use The death penalty is legal and executions are not suspended.
California
Not used in practice The death penalty remains in law, but executions are suspended (by Governor and court order moratorium).
Colorado
Fully abolished Colorado abolished the death penalty in 2020.
Connecticut
Fully abolished Connecticut abolished the death penalty in 2012.
Delaware
Fully abolished Delaware abolished the death penalty in 2016.
District of Columbia
Fully abolished The District of Columbia abolished the death penalty in 1981.
Florida
Retained / in use The death penalty is legal and executions are not suspended.
Georgia
Retained / in use The death penalty is legal and executions are not suspended.
Hawaii
Fully abolished Hawaii abolished the death penalty in 1957.
Idaho
Not used in practice The death penalty remains in law, but executions are suspended (de facto moratorium).
Illinois
Fully abolished Illinois abolished the death penalty in 2011.
Indiana
Retained / in use The death penalty is legal and executions are not suspended.
Iowa
Fully abolished Iowa abolished the death penalty in 1965.
Kansas
Not used in practice The death penalty remains in law, but executions are suspended (de facto moratorium).
Kentucky
Not used in practice The death penalty remains in law, but executions are suspended (by court order moratorium).
Louisiana
Retained / in use The death penalty is legal and executions are not suspended.
Maine
Fully abolished Maine abolished the death penalty in 1887.
Maryland
Fully abolished Maryland abolished the death penalty in 2013.
Massachusetts
Fully abolished Massachusetts abolished the death penalty in 1984.
Michigan
Fully abolished Michigan abolished the death penalty in 1847.
Minnesota
Fully abolished Minnesota abolished the death penalty in 1911.
Mississippi
Retained / in use The death penalty is legal and executions are not suspended.
Missouri
Retained / in use The death penalty is legal and executions are not suspended.
Montana
Not used in practice The death penalty remains in law, but executions are suspended (by court order moratorium).
Nebraska
Retained / in use The death penalty is legal and executions are not suspended.
Nevada
Not used in practice The death penalty remains in law, but executions are suspended (de facto moratorium).
New Hampshire
Fully abolished New Hampshire abolished the death penalty in 2019.
New Jersey
Fully abolished New Jersey abolished the death penalty in 2007.
New Mexico
Fully abolished New Mexico abolished the death penalty in 2009.
New York
Fully abolished New York abolished the death penalty in 2004.
North Carolina
Not used in practice The death penalty remains in law, but executions are suspended (by implementers moratorium).
North Dakota
Fully abolished North Dakota abolished the death penalty in 1973.
Ohio
Not used in practice The death penalty remains in law, but executions are suspended (de facto moratorium).
Oklahoma
Retained / in use The death penalty is legal and executions are not suspended.
Oregon
Not used in practice The death penalty remains in law, but executions are suspended (by Governor moratorium).
Pennsylvania
Not used in practice The death penalty remains in law, but executions are suspended (by Governor moratorium).
Rhode Island
Fully abolished Rhode Island abolished the death penalty in 1984.
South Carolina
Retained / in use The death penalty is legal and executions are not suspended.
South Dakota
Retained / in use The death penalty is legal and executions are not suspended.
Tennessee
Retained / in use The death penalty is legal and executions are not suspended.
Texas
Retained / in use The death penalty is legal and executions are not suspended.
Utah
Retained / in use The death penalty is legal and executions are not suspended.
Vermont
Fully abolished Vermont abolished the death penalty in 1964.
Virginia
Fully abolished Virginia abolished the death penalty in 2021.
Washington
Fully abolished Washington abolished the death penalty in 2018.
West Virginia
Fully abolished West Virginia abolished the death penalty in 1965.
Wisconsin
Fully abolished Wisconsin abolished the death penalty in 1853.
Wyoming
Not used in practice The death penalty remains in law, but executions are suspended (de facto moratorium).

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? →

A visual reference compiled from Wikipedia’s law-by-country articles, not legal advice. Laws change and summaries simplify — check a primary source before relying on anything here.