Lazarevich

After a court trial held on September 12, 2003, the trial court found defendant Dragisa Lazarevich guilty of two counts of withholding a minor child and maliciously depriving the lawful custodian of her right to custody between January 15, 1992, and June 7, 1995, in violation of Penal Code section 278.5. In the context of section 278.5, which is located in the Child Abduction chapter of our Penal Code, “ ‘withholds’ means retains physical possession of a child whether or not the child resists or objects.” (§ 277, subd. (g).)

The only issue presented in this appeal is whether California may assert criminal subject matter jurisdiction over defendant Dragisa Lazarevich’s conduct where the defendant, in violation of a court order of this state, harbored his children outside of this country and failed to return them to the custodial parent, their mother, who is a resident of California. In that regard, defendant contends (1) international law forbids California from asserting subject matter jurisdiction for conduct occurring exclusively on foreign land, (2) this prosecution violates due process because all conduct from 1992 to 1995 occurred outside the United States, and (3)…