Altamont Ravenard said:
Edit: cf. Flanking: If the fighter and the rogue are flanking an opponent, the rogue could sneak attack with an ILW wand, but not with an Acid Splash wand, because the former is a melee touch attack while the latter is a ranged touch attack.
I understand where you're coming from; it hinges upon this text:
SRD said:
When making a melee attack, you get a +2 flanking bonus if your opponent is threatened by a character or creature friendly to you on the opponent’s opposite border or opposite corner.
As everyone can now see, you only receive a flanking bonus to your attack roll when making a melee attack.
Unfortunately, that doesn't completely answer the questions, since:
SRD said:
The rogue’s attack deals extra damage any time 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.
The condition of being flanked - or of flanking - is never really defined.
Is a rogue flanking a target:
A. when any melee attack made by the rogue against a target would be given the +2 flanking bonus?
B. only when making a melee attack that is given the +2 flanking bonus?
C. some other time?
The rules seem to assume A - you get and give the flanking bonus on any AoOs, and regardless of whether or not you've even attacked the target during that or any round, or even made a melee or ranged attack at all against anyone.
For instance, the warrior in the above example still provides the flanking bonus to the rogue if he, on his turn, takes the Full Attack action to throw, quickdraw, throw, quickdraw, throw, etc., a series of daggers with his non-sword hand at the goblins running past him.
He likewise still provides the flanking bonus to the rogue if he, on his turn, uses a move-equivalent action to draw a potion, and a standard action to drink it, making no attacks at all.
At best, the rules definitively support the conclusion that the rogue, when making his ranged touch attack against the troll standing before him, does not get a +2 flanking bonus on his attack roll, since getting that bonus requires a melee attack (see above).
Whether or not this means that the rogue is no longer flanking his opponent, and therefore eligible for Sneak Attack damage, is less clear.
The Fighter would NOT get a flanking bonus, since the rogue would not be threatening when it would be the fighter's time to attack.
Except, of course, that the rogue is smart and is holding the wand in one hand, with his rapier in the other.
Furthermore, the opponent would get an AoO against the rogue if said rogue used the Acid Splash wand in his threatened space (since the Acid Splash attack is a ranged one).
Not true. The rogue is
not making a "ranged attack" - which is a specific subset of the standard Attack action.
Rather, he is using Activate Magic Item standard action - and, specifically, the Activate Spell Trigger Item - which, also specifically, does not provoke an AoO. The fact that it involves a ranged attack roll is incidental.