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The question is does a spell or spell like abbility that is cast as a ranged touch attack incur the -4 penalty associated with shooting or throwing into melee?
A situation arose where our Transmuter Wizard used his Telekinetic Fist to attack a foe that was engaged in melee with one of our other party members.
Our GM ruled that it required a succesful attack roll with the -4 penalty as the Transmuter doesn't have Precise Shot. The player of the Transmuter disagreed. In the end the attack roll was successful so it didn't matter but I was asked to take the question to the boards for a ruling if possible...
This leads me to a second question regarding ranged touch attacks - does partial cover (like that granted by enemies aka soft cover), provide the subject with a +4 bonus to his touch AC against the attack?
The Transmuter and I both imagined that something like a Telekinetic Fist would just materialize or manifest adjacent to the subject and smack it and therefore shouldn't be subject to the penalty for firing into melee or soft cover - but hey the rules are the rules if the GM is right we go with it.
I appreciate all answers and give extra thanks to any answer that give me a point to refernce that supports either ruling.
What if he was making the ranged attack, against a guy who he is in melee with?
The penalty is won't be there, but he provokes an attack of opportunity for making a ranged attack while in melee.
Contributor, RPG Superstar 2010 Top 8
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Cover applies to all ranged attacks, so yes, soft cover would provide a bonus to the target's AC.
As for the penalty for shooting into melee? I'm not sure. I've always applied the penalty to spell attacks in the games I've played and run, but now that I look at it the rules do specifically say the penalty applies "If you shoot or throw a ranged weapon..." and most spells don't count as weapons.
I think it's worth a FAQ.
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Spells that use attack rolls count as weapons for the purpose of effects.
Ray: Do rays count as weapons for the purpose of spells and effects that affect weapons?
Yes. (See also this FAQ item for a similar question about rays and weapon feats.)
For example, a bard's inspire courage says it affects "weapon damage rolls," which is worded that way so don't try to add the bonus to a spell like fireball. However, rays are treated as weapons, whether they're from spells, a monster ability, a class ability, or some other source, so the inspire courage bonus applies to ray attack rolls and ray damage rolls.
The same rule applies to weapon-like spells such as flame blade, mage's sword, and spiritual weapon--effects that affect weapons work on these spells.
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Contributor, RPG Superstar 2010 Top 8
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Spells that use attack rolls count as weapons for the purpose of effects.
Ray: Do rays count as weapons for the purpose of spells and effects that affect weapons?
Yes. (See also this FAQ item for a similar question about rays and weapon feats.)
For example, a bard's inspire courage says it affects "weapon damage rolls," which is worded that way so don't try to add the bonus to a spell like fireball. However, rays are treated as weapons, whether they're from spells, a monster ability, a class ability, or some other source, so the inspire courage bonus applies to ray attack rolls and ray damage rolls.
The same rule applies to weapon-like spells such as flame blade, mage's sword, and spiritual weapon--effects that affect weapons work on these spells.
You'll note that FAQ entry specifically refers to 'rays' and 'weapon-like spells', not all spells. If they mean for all spells that require an attack roll to count as weapons, that's cool too.
Partial cover only gives a -2 to your attack if more than half of your opponent is free of obstruction. So a halfling in front of a troll would only provide a -2 penalty.
It's the GM's call on when the -4 or -2 applies, but you should at least be sure your GM knows about the possibility.