Josh Holly is the hacker who leaked racy photos of Miley Cyrus online. Now Holly and his lawyer are trying to keep him out of jail, saying he is too short for prison, and he would get the sh*t kicked out of him.

Holly’s lawyer also says that probation should be enough considering the crime. His lawyer says probation would be “sufficiently onerous punishment for a first-time offender of immature mental age,” according to legal documents.

Of course Holly didn’t really hack into Miley’s account. He was able to guess the password from the security question.

Anyways, a pretty funny defense nevertheless. Do you think Josh should be going to jail?

Christopher Chaney is the accused celebrity hacker who says he was “addicted” to hacking celebrities email accounts and cell phones.

So why did he do it? ”It started as curiosity and it turned to just being addictive … seeing the behind-the-scenes of what’s going on with the people you see on the big screen.”

Some of the celebs hacked include Mila Kuni and Scarlett Johansson. It is also believed Chaney is responsible for leaking personal naked pictures of celebrities.

The man who hacked Mila Kunis, Christina Aguilera and Scarlett Johnansson has been charged with identity theft and wiretapping.

35 year old Christopher Chaney has been charged in Jacksonville, Florida. TMZ reports Chaney would use public information to access email accounts of his alleged victims, and then access computers and cell phones under the control of his victims.

As we reported earlier, some of the items stolen included naked photos.