Whether a message is spam does not answer whether it is illegal. In fact, SPAM IS LEGAL in the United States. That is, whether your email is solicited or unsolicited, and whether it is highly targeted or not, have nothing to do with legality under U.S. law.
Can you go to jail for spamming someone?
Bush to protect U.S. citizens from unwanted marketing messages and pornography. Under the CAN-SPAM Act of 2003, the penalties for spamming include lengthy jail terms and hefty fines.
How long can you go to jail for spamming?
Authorities said they face up to five years in prison under the anti-spam law and up to 20 years in prison under U.S. mail fraud statutes.