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OK, I am dying trying to find an answer to this, I can't seem to find a firm ruling anywhere, and it's causing me great character issues:
Can spells cause sneak attack damage? My impression was spells with a ranged or melee touch attack roll can, but I can't find any concrete ruling or wording specifically saying this in RAW, which seems to be what my DM needs. I am building towards an arcane trickster, which doesn't have any ruling itself about the spells/sneak attack (other than its capstone ability, which is VERY far off), so is there a written rule somewhere that can confirm this?
Thanks.
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They can if they meet the requirements of sneak attack.
Lets say its a ranged touch attack spell...if the spell requires an attack roll, you're within 30 ft, and the opponent is denied their dex bonus to AC....then the attack get sneak attack
Sneak Attack: If a rogue can catch an opponent when he is unable to defend himself effectively from her attack, she can strike a vital spot for extra damage.
The rogue's attack deals extra damage (called "precision damage") anytime her target would be denied a Dexterity bonus to AC (whether the target actually has a Dexterity bonus or not), or when the rogue flanks her target. This extra damage is 1d6 at 1st level, and increases by 1d6 every two rogue levels thereafter. Should the rogue score a critical hit with a sneak attack, this extra damage is not multiplied. Ranged attacks can count as sneak attacks only if the target is within 30 feet.
With a weapon that deals nonlethal damage (like a sap, whip, or an unarmed strike), a rogue can make a sneak attack that deals nonlethal damage instead of lethal damage. She cannot use a weapon that deals lethal damage to deal nonlethal damage in a sneak attack, not even with the usual –4 penalty.
The rogue must be able to see the target well enough to pick out a vital spot and must be able to reach such a spot. A rogue cannot sneak attack while striking a creature with concealment.
Touch Attacks: Some attacks completely disregard armor, including shields and natural armor—the aggressor need only touch a foe for such an attack to take full effect. In these cases, the attacker makes a touch attack roll (either ranged or melee). When you are the target of a touch attack, your AC doesn't include any armor bonus, shield bonus, or natural armor bonus. All other modifiers, such as your size modifier, Dexterity modifier, and deflection bonus (if any) apply normally. Some creatures have the ability to make incorporeal touch attacks. These attacks bypass solid objects, such as armor and shields, by passing through them. Incorporeal touch attacks work similarly to normal touch attacks except that they also ignore cover bonuses. Incorporeal touch attacks do not ignore armor bonuses granted by force effects, such as mage armor and bracers of armor.
If a spell uses a touch attack to deal damage (either melee or ranged), it is still a melee or ranged attack and a rogue can still apply sneak attack damage if he qualifies for it. The only things required in order to get sneak attack damage are A)Make an attack, B)Target must be flat footed/flanked/denied dexterity bonus, C)Target cannot have concealment, D)Target must be within 30 feet if the attack is a ranged attack.
Following those guidelines, my Arcane Trickster casts a Scorching Ray against a Flat Footed opponent within 30 feet that does not have Concealment. Depending on caster level he makes one, two or three ranged touch attacks against the target (or a number of targets for that matter), and if he hits, he deals the spells damage (4d6 per ray), plus Sneak Attack damage.
It works just fine.