I am sure this has been discussed before, but I cannot find any FAQ, official response, or even a consensus on this issue.
My question is does a character with sneak attack apply that damage if they use a touch spell or ranged touch spell that does damage?
In particular my incident was a rogue fighting an incorporeal undead without a magic weapon so he used a wand of Cure Light Wounds via Use Magic Device to make a touch attack while flanking the incorporeal undead. Is his damage just 1d8+1 or does he apply sneak attack damage as well?
Thank you!
This is the short answer:
Touch attacks, ranged touch attacks and other such attacks caused as part of spells may be used to deliver sneak attacks so long as they fulfill the normal conditions of a sneak attack.
In other words, sneak attacks with spells must meet the following conditions:
1. The spell requires an attack roll (otherwise, it is not an "attack" for the purposes of sneak attack)
2. You are flanking the target or it is denied its Dexterity bonus to AC.
3. Ranged attacks are made within 30 feet
4. The spell must deal damage
A spell that gives multiple ranged attacks falls under the sniping rules and therefore unless the enemy is specifically denied their dex against all of your attacks, sneak attack damage only applies to the first attack.
An Arcane Trickster's Surprise Spells ability is an exception to the above rules—one could, for example, cast a fireball in the surprise round and sneak attack a large number of opponents.
Damage Type: Sneak attack damage is of the same type as the original damage, with the added subtype of precision.
In your example assuming you meet all of the above criteria then yes you would get your sneak attack damage.
edit: after double checking some articles I see that I've explained how we house ruled it to work, which conflicts slightly with the RAW. I have since revised it to reflect the RAW.
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LordKailas' description is accurate, but there is this small tidbit for your specific example:
Incorporeal (subtype): “An incorporeal creature is immune to precision-based damage (such as sneak attack damage) unless the attacks are made using a weapon with the ghost touch special weapon quality.“
So sneak attack works with touch spells, but sneak attack doesn't work at all(usually) against monsters with the incorporeal subtype.
you need ssomething like the ghostslayer feat (and +2 weapon) to sneak attack ghosts.
Okay, the incorporeal subtype says that it is immune to critical hits and precision damage, like sneak attack, unless it is with a ghost touch weapon, but what about positive energy attacks like a Cure Light Wounds attack?
It seems like it would work against a corporeal undead like a zombie, but I am curious if I am missing some rule under positive energy attacks that might make it effective against incorporeal undead.
Not by a strict reading, no. Against incorporeal undead, cure light wounds will still do half damage and still won't deliver precision damage such as sneak attack. Your mileage may certainly vary, though, as a lot of GMs extend the strict text to the more general principle that "positive energy affects incorporeal undead as though they were corporeal".
I thought Positive Energy Effects did full damage to incorporeal undead...I will have to search that.
holy water, and channel energy (positive or negative) do full damage (or heal) to incorporeal undndead. holy water used to be positive energy. so a lot of gm house rule that any positive energy also do this, like cure spells.
from the monster rules , on incorporeal :
"Although it is not a magical attack, holy water can affect incorporeal undead. Corporeal spells and effects that do not cause damage only have a 50% chance of affecting an incorporeal creature (except for channel energy). Force spells and effects, such as from a magic missile, affect an incorporeal creature normally. "
Not by a strict reading, no. Against incorporeal undead, cure light wounds will still do half damage and still won't deliver precision damage such as sneak attack. Your mileage may certainly vary, though, as a lot of GMs extend the strict text to the more general principle that "positive energy affects incorporeal undead as though they were corporeal".
There was another thread in the last week [either in Advice or here in Rules] where CLW vs. incorporeal came up.
"When laying your hand upon a living creature, you channel positive energy that cures 1d8 points of damage +1 point per caster level (maximum +5). Since undead are powered by negative energy, this spell deals damage to them instead of curing their wounds. An undead creature can apply Spell Resistance, and can attempt a Will save to take half damage."Since channel positive energy works as full vs. incorporeal undead, CLW does the full damage [if the save is failed].
Now the question is whether to apply the sneak attack damage. If the sneak attacker is under ghost touch or the incorporeal is under ghostbane dirge or the like, there is no question. But more generally, incorporeal creatures are not listed as being immune to flanking [unlike say an ooze], so the sneak attack damage would apply in my opinion.
Not by a strict reading, no. Against incorporeal undead, cure light wounds will still do half damage and still won't deliver precision damage such as sneak attack. Your mileage may certainly vary, though, as a lot of GMs extend the strict text to the more general principle that "positive energy affects incorporeal undead as though they were corporeal".There was another thread in the last week [either in Advice or here in Rules] where CLW vs. incorporeal came up.
"When laying your hand upon a living creature, you channel positive energy that cures 1d8 points of damage +1 point per caster level (maximum +5). Since undead are powered by negative energy, this spell deals damage to them instead of curing their wounds. An undead creature can apply Spell Resistance, and can attempt a Will save to take half damage."Since channel positive energy works as full vs. incorporeal undead, CLW does the full damage [if the save is failed].
Now the question is whether to apply the sneak attack damage. If the sneak attacker is under ghost touch or the incorporeal is under ghostbane dirge or the like, there is no question. But more generally, incorporeal creatures are not listed as being immune to flanking [unlike say an ooze], so the sneak attack damage would apply in my opinion.
any channel energy work on incorporeal creatures .if they are undead negative heal them and positive harm them if alive (like some) then in reverse. but channel energy is not a spell.
there is no rule about positive spells beyond the normal rule that non-force spells and magical effects only deal 50% damage to incorporeal creatures. while a lot of GM rule that any positive \negative energy effect them fully .per strict raw. cure\harm spells deal 50% damage\heal the incorporeal creatures.