Point, but thing is, the age of consent in the US isn't 16, or at least it isn't always 16 (depending on the state you're in). And LJ's servers are based in the US.

I haven't seen the picture either, but I'm told the author intended for Harry to be 18. However, while some have looked at it and don't think he looks underage, others aren't seeing it that way. A matter of interpretation, I suppose. *shrug*