A defendant may be prosecuted for first or second degree sexual abuse or first or second degree child sexual abuse by indictment under a fictitious name, such as “John Doe” or “Jane Doe,” if, at the time of indictment, the defendant’s true name is unknown and the defendant’s identity has been established with reasonable certainty by the means of forensic testing of nuclear deoxyribonucleic acid (“DNA”) evidence or DNA evidence with a comparable level of accuracy with nuclear DNA evidence. Mitochondrial DNA (“mtDNA”) and Y-DNA cannot be used for the purposes of prosecuting by indictment under a fictitious name a defendant whose true name is unknown under subsection (a) of this section. Nothing in this section shall be construed as prohibiting the use or admissibility of mtDNA, Y-DNA, or similar genetic material for any purpose other than obtaining a fictitious name indictment pursuant to subsection (a) of this section.
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