Known child sex offender John Jacobs has been found not guilty of loitering near a child care business in Torbay. 

The Royal Newfoundland Constabulary had Jacobs under surveillance in June 2013, when he was seen walking back and forth across the street from New Fun Land Childcare.  

The daycare centre is also located next to an elementary school in the town.

New Fun Land Daycare sign

The New Fun Land Childcare centre is located next to an elementary school in Torbay. (CBC)

Judge James Walsh of provincial court in St. John's said Jacobs, 44, did not breach a court order to stay away because he did not go on the property. 

Walsh said Jacob's actions were disturbing.

However, Jacobs was convicted of making harassing phone calls to a minor.

He was sentenced to six months' time served, and put on probation for two years.

In 2009, Jacobs was given a federal sentence for sexually touching a seven-year-old girl, and breaking another court order to stay away from children.