Delaware Code
11 Del. C. § 274 (2026)
Offenses involving 2 or more persons; convictions for different degrees of offense
✓ current as of May 2026
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When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person’s own culpable mental state and with that person’s own accountability for an aggravating fact or circumstance.
11 Del. C. 1953, § 274; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 9
cases (6 in the last 5 years), 2013–2025 · leading case: Kellam v. State (Del. 2025).
Kellam v. State (Del. 2025). “13 Ordinarily, where the underlying offenses are divisible into degrees, as was the case here,35 a jury instruction concerning accomplice liability under Section 271 is accompanied by an instruction describing 11 Del. C. § 274. According to that section, individuals prosecuted…”
State v. Kellam (Del. Super. Ct. 2024). “§ 271, et seq, but none present, neither at the prayer conference nor in the time allotted for revision after, noticed the absence of a 11 Del. C. § 274 Chance 4 instruction on different degrees of the offenses.”
State v. Delgado (Del. Super. Ct. 2023). “With respect to the language for accomplice liability, the Court considered the language under 11 Del. C. § 274 which provides that “[w]hen, .”
Thomas v. State (Del. 2015). “(7) Thomas fairly raises the following eight points for the Court’s consideration on appeal: (i) the Superior Court erred in allowing Detective Toto to testify about what Thomas said during the videotaped interview; (ii) the Superior Court should have given a jury instruction…”
Ray v. State (Del. 2022). “§ 274, which provides: When, pursuant to § 271 of this title, 2 or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of an offense of such degree as is compatible with that person’s own culpable mental state and with that…”
State v. LaCombe (Del. Super. Ct. 2024). “In Allen, the Delaware Supreme Court reversed the defendant's convictions due to the trial court’s failure to instruct the jury in accordance with 11 Del. C. §274. Section 274 requires 7 two motions are inextricably linked by virtue of the nature of the substantive allegations,…”
Delgado v. State (Del. 2025). “§ 274, when an offense is divided into degrees, an accomplice is guilty “of an offense of such degree as is compatible with that person’s own culpable mental state and with that person’s own accountability for an aggravating fact or circumstance.”
Chrichlow v. State (Del. 2014). “In his first postconviction motion, Chrichlow raised ineffective assistance of counsel claims based on his trial counsel’s failure to request an accomplice level of liability jury instruction under 11 Del. C. § 274 ("Section 274") and his appellate counsel’s failure to raise the…”
Chao v. Caple, 931 F. Supp. 2d 585 (D. Del. 2013). “In Allen , the Delaware Supreme Court held that an instruction pursuant to 11 Del.Code Ann. § 274 is appropriate in cases where accomplice liability is alleged as a basis for crimi *587 nal liability and the degree of culpability may differ between principal and accomplice.”
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