I. Concept: The crime committed by a person who as entrusted with the custody of a minor person who shall deliberately fail to restore the latter to his parents or guardians.

1.     The term: Kidnapping is not accurate since the gist of the offense is the failure to return the minor to his parents or guardians

2. The accused maybe a parent. Example, a wife is separated from the husband. The husband was awarded custody of their the child. The wife was allowed to bring the child to her house on a Friday but to return him on Monday. She failed to do so.

Art. 270. Kidnapping and Failure to Return a Minor