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Originally Posted by DG
Except he can not do it if pitcher is in contact, he would be out in this case.
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As DG has stated and as per 6.06, A batter is out for illegal action when- (b) "He steps from one batter's box to the other while the pitcher is in position ready to pitch".
If the pitcher was sharp, he would step on the rubber knowing that the batter is going to switch positions. "He's out", providing you have a sharp umpire. Get ready for ejection(s).
This is why I like to read this board. It prepares me for what I may only see once.