Not him, but body shape is only one factor. The other is age. If either is ambiguous, then technically, yes you can get in trouble. In this case, her age is very similar to Ash's, so by those standards, she qualifies as loli.
Luckily for you guys most of you don't have to worry if you're not being stupid about it and you're not keeping it out in the open. Stuff like this tends to be ignored by the authorities because they have more pressing issues to deal with, so they only really pursue it when it falls right into their lap with strong evidencd. At least that's how it's been in the US for a while now.