There is a way that Harry might not be a Horcrux. Hold on to your hat as I explain.....
First the AK spell and the creation of the Horcrux (encasing the torn part of the soul inside an object) look to be separate acts, e,g. spells. Both Slughorn and Dumbledore allude to this in canon:
"There is a spell, do not ask me, I don’t know!" said Slughorn shaking his head like an old elephant bothered by mosquitoes.
IMO, Dumbledore almost exclusively discusses the encasing of the soul - and as we have seen and if Dumbledore is right, an AK itself isn’t necessary: Hepzibah Smith was poisoned. In other words, if Voldemort did create a Horcrux with her death, the spell couldn’t be predicated on an AK due to the poisoning. This leads me to the conclusion that the creation of the Horcrux is predicated on any murdering means, but not exclusively linked or combined at the same time as an AK because it takes a unique spell to encase torn part after killing has been accomplished.
For these reasons, I am not convinced that Harry is a Horcrux, even an accidental one, just because an AK bounced about in GH. I do believe Dumbledore’s statement in CoS that Voldemort accidently gave Harry some his powers the night the scar was created - if we go by the diary as an example, Harry should have been possessed as Ginny was by part of Voldemort’s soul if Harry was a Horcrux. I also wonder about this from OoP:
"The Death Eater had pulled his head out of the bell jar. His appearance was utterly bizarre, his tiny baby’s head bawling loudly while his thick arms flailed dangerously in all directions, narrowly missing Harry, who had ducked. Harry raised his wand but to his amazement Hermione seized his arm.
’You can’t hurt a baby!’"
Ok, so wonder what happens if you *do* try to hurt a baby? Maybe that’s how some of Voldemort’s powers ended up in Harry.....
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