Inaccurate?

Vampiric Touch

(Player's Handbook v.3.5, p. 298)

Necromancy
Level: Telflammar Shadowlord 2, Sorcerer 3, Wizard 3, Duskblade 3, Blighter 3, Sha'ir 3, Death Master 3, Dread Necromancer 3, Envy 4, Gluttony 4,
Components: V, S,
Casting Time: 1 standard action
Range: Touch
Target: Living creature touched
Duration: Instantaneous/1 hour; see text
Saving Throw: None
Spell Resistance: Yes

You must succeed on a melee touch attack.
Your touch deals 1d6 points of damage per two caster levels (maximum 10d6).
You gain temporary hit points equal to the damage you deal.
However, you can't gain more than the subject's current hit
points +10, which is enough to kill the subject.
The temporary hit points disappear 1 hour later.

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