A graphic and disturbing story of incest within an Iron County family — and the frustration of a district attorney forced to abandon criminal charges related to allegations in the matter — led to unanimous approval of a proposed amendment to state law Wednesday at a Capitol legislative committee hearing.

The proposed changes to the Utah statute on incest, sponsored by Sen. Dennis Stowell, R-Parowan, will get a place near the top of the list of matters for the Legislature to consider when it begins its 2009 session in January.

Cedar City resident Elend LeBaron told the Law Enforcement and Criminal Justice Interim Committee that about a year ago he and two of his brothers took DNA samples from two children of two of his sisters, based on suspicions that "something was not right." LeBaron said genetic tests conducted on the samples revealed that the children were fathered by the mothers' father, Ross LeBaron.

"When we found out, after we received the test results, my brothers ... and I compiled information surrounding this situation," Elend LeBaron said.

Elend LeBaron said his father, Ross, is involved with a polygamist community in southern Utah and believes that his father artificially inseminated his sisters, that the acts had religious implications and may have been an attempt to "replicate a virgin birth ... believing that this is how Jesus came into the world." He also stated that his father and sisters have parented multiple children.

The information Elend LeBaron and his brothers gathered, and the test results, were turned over to the Iron County District Attorney's Office. The case was abandoned late last month because of a wrinkle in state law that bases the crime of incest on sexual intercourse — something that apparently did not happen in this case because Ross LeBaron is accused of artificially inseminating his daughters with his sperm.

Elend LeBaron told the committee that his sister confirmed her first child was conceived in this manner.

"My sister ... made the statement with confidence, with arrogance, that artificial insemination was not illegal," he said.

Iron County Chief Deputy Attorney Troy Little told the committee that his effort to pursue prosecution against Ross LeBaron in the case essentially came to the same conclusion — if no intercourse happened, a case for incest could not be made.

Stowell's proposal would expand current incest law to include artificial insemination and in vitro fertilization as incestuous acts, if conducted between an "actor" and someone the actor has a known kinship with.

Further testimony on the matter was offered by University of Utah geneticist, Dr. John Opitz, who gave testimony and submitted documentation outlining scientific research into procreation between "consanguineous" or blood-related individuals. Opitz said there is clear, and overwhelming evidence that the progeny of such relationships are at extremely high risk for "mortality, defect and mental retardation."

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