People v. Bormann

In People v. Bormann (1970) 6 Cal.App.3d 292, an appellate court was faced with the issue whether a defendant who abducted a child in Mexico and subsequently transported the child to the United States might be charged with child stealing under the theory that the crime was a continuing offense, thus avoiding the bar against prosecution for acts committed in other jurisdictions. The court rejected the contention that the offense was a continuing one, observing that acts of detaining and concealing were not elements of the crime. ( Id. at p. 296.) At that time, section 278 of the Penal Code provided: " Every person who maliciously, forcibly, or fraudulently takes or entices away any minor child with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in state prison not exceeding twenty years."